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(영문) 부산지방법원 서부지원 2018.10.16 2018고단805
관세법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When it is intended to export, import or return 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.

Nevertheless, on February 24, 2018, the Defendant tried to make an investment in the advertisement tickets of “E” operated by Dr and to enter the country of Australia, without reporting KRW 105,759,29,295 (goods cost, KRW 64,482,188) in total, KRW 105,295 (goods cost, KRW 64,482,188), which is the sales store of net gold products in Malaysia Pr., by using “LR”, which is the shopping point converted from “F” to “LR” to “G”, which is the sales store of net gold products in Malaysia, in around 09:30 on February 24, 2018.

X-ray search stands have been discovered through the X-ray search stand.

Accordingly, the defendant did not intend to import goods without filing a declaration with the customs collector, but failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Seizure records;

1. A written accusation;

1. A report on precious metals and a written appraisal of articles in violation of the rules;

1. Application of Acts and subordinate statutes on photographs of articles in violation of statutes;

1. Relevant legal provisions of the Act and Articles 271(2), 269(2)1 and 241(1) of the Act on the Selection of Punishment for Criminal Facts, and Articles 271(2), 269(2)1 and 241(1) of the Act on the Selection of Penalty

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances that are disadvantageous to the Defendant are that the value and size of gold blings, etc., which were trying to import a secret for sentencing under the main sentence of Article 282(2) of the Confiscation Customs Act, are considerable.

However, the facts that the defendant led to the confession of and reflects on the crime, that the gold booms of the defendant who attempted to import the crime of this case are confiscated, and that the crime of this case was committed in the attempted crime, and that there was no previous conviction against the defendant, etc., and all kinds of punishment shown in the arguments of this case, such as the defendant's age, sex, criminal conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.

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