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(영문) 인천지방법원 2013.08.08 2013고단3846
관세법위반
Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a Chinese nationality, leading to the Chinese single Dong and the Incheon port in Korea.

The name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office.

On June 26, 2013, at around 09:50, the Defendant: (a) entering the Chinese short-dong through the 1st International Passenger Terminal of Incheon Port, and (b) was intended to bring 158,309,816g of the market price purchased from the Chinese short-dong into the bottom of the gyptization and to import 3.032 km, without filing a report thereon with the customs collector; and (c) was exposed to and attempted by customs officers.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A written accusation;

1. Each written appraisal;

1. Application of each statute on photographs;

1. Relevant Article of the Customs Act and the choice of punishment concerning the facts constituting an offense: Articles 271 (2), 269 (2) 1, 241 (1), and 275 of the Customs Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Custody order: proviso to Article 69 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (Considering circumstances, such as the fact that the defendant reflects the depth of the defendant, the fact that the defendant was tried to be in custody, the fact that the defendant had no criminal record in the Republic of Korea, the fact that the crime was committed, the fact that all the smugglings were seized, the circumstance of the crime

1. Confiscation: Article 282 (2) of the Customs Act;

1. A provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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