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(영문) 인천지방법원 2017.06.09 2016고단8004
관세법위반
Text

A defendant shall be punished by imprisonment for six 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

On December 23, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Food Sanitation Act at the Incheon District Court on October 23, 2016, and the judgment became final and conclusive on March 8, 2017.

The Defendant purchased a Chinese agricultural product from the so-called “Sarily superior,” which brings China into the Republic of Korea, for the purpose of sale, and distributes it in Korea.

No person shall acquire, transfer, transport, transport, keep, mediate or appraise smuggling imported goods.

On July 11, 2016, the Defendant purchased a total of 800.5km from the upper world, including 3,667,100 km and the sum of 90.5km, 192.5km, 165 km, 165 km, and 286 km, which had been carried into the Republic of Korea, after making a false report to the customs office for self-consumption, and had the Defendant transport it to the warehouse managed by the Defendant through the employees C, after purchasing a total of 800.5 km from the upper world, 3,667,100 km.

Accordingly, in collusion with C, the Defendant acquired a total of KRW 3,667,100 of the cost of domestic agricultural products, such as the drying and drilling of domestic agricultural products.

From that time to August 19, 2016, the Defendant, in collusion with C, acquired 22,322.3kg of Chinese agricultural products in total equivalent to KRW 99,124,400 of the cost of the goods, such as the building and drilling of domestic products, which are smugglinged goods, in total 19 times, as described in the list of offenses in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning interrogation of suspect by the prosecution against C, D, or E;

1. A protocol concerning the interrogation of each police suspect against C, D, or E;

1. A written accusation and an appraisal report;

1. Records of seizure, list of seizure, records of on-site control, and photographs of evidence of seizure (34 times a month);

1. Previous convictions in judgment: Inquiry into criminal records and investigation records, inquiry into criminal records of the case, and application of each statute of the judgment;

1. Article 274 (1) 1, Article 269 (2) 1, and Article 241 (1) of the Customs Act (or choice of imprisonment with prison labor) concerning facts constituting an offense;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.

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