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(영문) 인천지방법원 2018.09.07 2018고정1571
관세법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, the Defendant, in collusion with B (C, D) on July 14, 2017, brought in by F (China's nationality) at the Seoul E Underground Parking Lot for the purpose of selling duty-free shops, and acquired from F tobacco 64 stuffs (32,000 A) in Korea, which are treated as foreign goods under the laws and regulations, without filing a customs declaration.

Accordingly, the defendant acquired smuggling in collusion with B.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each prosecutor's office with respect to G, H and I;

1. A protocol concerning the examination of the police officers in relation to B (D);

1. Statement made by the police to J or K;

1. Each statement of L, M, and N, -A joints, - output of the Handphone screen;

1. A written accusation;

1. Reporting on the detection of smuggling of returned tobacco;

1. A report on investigation (written approval for the transportation of beams), - An application for approval for the transportation of beams and a return declaration;

1. Investigative Report (Securing CCTV Image Data), - Vehicle Information Inquiry - Round of the CCTV Image Data - Round of the closure of the Gu CCTV Image Data (E)

1. Investigation reports (communication data, seizure warrants execution reports, etc.), -D, and outputs of A telephone conversations;

1. Application of Acts and subordinate statutes, such as investigation reports (calculated prices of specific goods), certificates of transfer, etc.;

1. Article 274(1)1 and Article 269 of the Act on the Protection of Criminal Crimes, Article 30 of the Criminal Act, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Articles 282(3) and 282(2) of the Customs Act (Additional Collection Amounting to 189,568,00 won) [Article 282(3) of the Customs Act provides that when it is impossible to confiscate the goods from a criminal of an offense such as smuggling import, an amount equivalent to the domestic wholesale price at the time of the offense of the goods which cannot be confiscated shall be collected from the criminal. The domestic wholesale price under the Customs Act refers to the price of the goods at which all taxes such as customs duties, customs procedures and expenses for customs clearance, and corporate appropriateness are the market price.

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