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(영문) 부산지방법원 2017.07.19 2017고단1835
관세법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the wholesale and retail business with the trade name of “C” in Guri-si B.

1. No person who violates the Customs Act shall acquire, transfer, transport, keep in custody, mediate or appraise imported goods without filing a declaration;

Nevertheless, on May 31, 2016, the Defendant acquired two tons (20,533,400 won at the market price) in China with the knowledge that it was imported as additional, domestically produced goods sold by D in Guro-si B, and acquired two tons (20,533,400 won at the market price) from around that time to February 2017 as follows:

On May 31, 2016, at the market price of 5th 6.3 tons of B 20,533,400 on May 31, 2016, "8 to 81,333,600 on July 22, 2016" 8th 76,000,00 on September 7, 2016, " 16.34,300 5th 6.36 6.4,63,633,60 on September 26, 2016, " 6.40 on September 26, 2016, 300 6.3 tons or 6.3 73,3333,60,600 on September 26, 2016, 30 tons or more on July 15, 2016, 308; 6.37, 6.637, 2016

2. No person who violates the Food Sanitation Act shall sell foods, etc. imported without filing an import declaration, or import, cook, process, store or display such foods for sale;

Nevertheless, around February 24, 2017, the Defendant stored for the purpose of sale 35 km in China, where the Defendant did not submit an import declaration to the Minister of Food and Drug Safety, etc., and did not undergo safety inspection.

Summary of Evidence

1. Statement by the defendant in court;

1. The suspect examination protocol for E or D by each prosecutor (a copy of the examination protocol);

1. Statement made by each prosecutor with respect to F and G (a copy);

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant legal provisions concerning criminal facts, Articles 274(1)1 and 269 of the Act on the Selection of Punishment, Articles 94(1)1 and 44 subparag. 6 of the Food Sanitation Act, and the choice of imprisonment for each type of crime;

1. The aggravated Criminal Act for concurrent crimes.

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