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(영문) 부산지방법원 2018.10.11 2018노2036
관세법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case because the defendant misunderstanding of the facts brought the goods of this case into the Republic of Korea for the purpose of private use, and the delivery agency believed that the import declaration would be accepted by the delivery agency, and thus the defendant did not have any intention to commit a violation of the Customs Act. The court below erred by misunderstanding

B. The lower court’s sentence (2,50,000 won, additional collection of KRW 16,598,205) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is a person who sells electronic equipment, such as communications equipment and computer parts, via the Internet at his/her place of residence, at the interest of the Companywon.

When it is intended to import goods, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be reported to the head of a customs office, and the person who has filed an import declaration shall obtain permission, approve, recommend, prove and satisfy other conditions necessary for the import pursuant to statutes.

From among the goods imported in the United States, the Defendant omitted an import declaration by submitting only a list of customs clearances without filing an import declaration with respect to goods imported at USD 200 or less, and by abusing the fact that there is no need for permission, approval, recommendation, certification, or other conditions pursuant to the laws and regulations, the Defendant: Leno (www.mazon.com), Amazon (www. eb.com), Ebday (www.com), Carbro boom (www.cam.com), New, Ebrops (www.M.com.com) purchased for commercial purposes at the U.S. electronic commerce site, such as (www.W.M.) and KON (www.M.com.com.), NON (www.W.com.com.com.com.). In selling goods to Korea through domestic food delivery enterprises, Defendant and his family members, and Defendant and his family members, were jointly and severally used in the Republic of Korea.

1) A smuggling importer Defendant 1 is at a Leno E-Commerce website.

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