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(영문) 서울남부지방법원 2014.11.26 2014고정2413
관세법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

If any traveler intends to carry and import goods, etc. in excess of the scope of tax exemption from any foreign country, he shall file an import declaration with the head of the relevant customs

Nevertheless, the Defendant, on February 28, 2014, entered the Republic of Korea through the Kimpo Airport as the Korean Civil Aviation (hereinafter “Korean Civil Aviation”), and attempted to import the goods of KRW 14,796,447 (or KRW 22,452,80 at the market price) of KRW 14,796,447 at the cost of the Chinese Civil Code and class 7, such as the list of seized articles in the attached list, into the Defendant’s home page, and attempted to import the goods without filing a report with the customs collector, and attempted to import the goods in the process of examining the personal effects of the customs.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Records of seizure and the list of seizure;

1. A written accusation;

1. Application of Acts and subordinate statutes to reports on the appraisal of illegal goods, and on the result of appraisal of illegal goods;

1. Relevant Article 271(2), Article 269(2)1, and Article 241(1) of the Act on the Punishment of Criminal Crimes and the Selection of Fine for Negligence;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 282 (2) of the Customs Act that is confiscated;

1. The prosecutor of the non-guilty portion of Article 334 (1) of the Criminal Procedure Act does not state the phrase "the attempted crime" in the criminal facts stated in the judgment of the court below and the applicable provisions of Article 271 (2) of the Customs Act in the phrase "the non-guilty portion of the Criminal Procedure Act" that "the non-guilty part of the criminal facts stated in the judgment of the court below did not state "Article 271 (2) of the Customs Act," and charged as a criminal defendant. However, as stated in the above criminal facts, it cannot be deemed that the act of importing goods was completed without filing a declaration under Article 269 (2) 1 of the Customs Act. Thus, it constitutes a case where there is no proof of criminal facts, but if the prosecutor

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