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(영문) 서울남부지방법원 2012.11.22 2011고단4350
관세법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was asked from D, who was aware of his knowledge, to purchase Chinese ginseng, which he imported from China.

1. On June 2010, the Defendant: (a) transferred a truck to D at a G resting place located in the Tong Young-si F; (b) caused D to drive the truck, and (c) acquired it by having D take approximately KRW 2,000 kilograms of ginseng varieties, such as red ginseng, the cost of which is equivalent to KRW 46,071,00 at the cost of the relevant goods, from a single president (I) who is an sealed customs clearance book, from the eropiced side of the eropic in the erode, which is located in the erogic drawing of the eropoch at the time of Tong Young-si.

2. On February 201, 201, the Defendant acquired approximately KRW 1,484 kg of the cost of red ginseng equivalent to KRW 28,80,284 of the cost of the relevant goods at the same place and at the same time.

3. On February 201, 201, the Defendant acquired approximately KRW 2,000 g of the cost of red ginseng equivalent to KRW 38,878,200 in the same way and at the same place as the time and place indicated in the foregoing paragraph (1).

4. Around March 23, 2011, the Defendant acquired 144 km for domestic green production equivalent to KRW 23,635,584 of the cost of the goods smuggling imported in the same way and at the same place.

Accordingly, the Defendant acquired goods worth 137,385,068 won in total, which were imported without reporting to the customs collector four times through the knowledge of the fact.

Summary of Evidence

1. Witnesses D and E respective legal statements;

1. Statement by the prosecution concerning D;

1. Police suspect interrogation protocol regarding E;

1. A written accusation and an appraisal report;

1. Application of the Acts and subordinate statutes of metrogate;

1. Relevant Article 274(1), Article 269(2)1 of the former Customs Act (amended by Act No. 10424, Dec. 30, 2010); Article 274(1) and Article 269(2)1 of the Customs Act (amended by Act No. 10424, Dec. 30, 201); Article 274(1) and Article 269(2)1 of the Customs Act (amended by Act No. 269(2)1 of the Customs Act (amended by Act No. 10424, Dec.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. In addition, an inspection of Article 282(3) of the former Customs Act and Article 282(3) of the Customs Act shall be based on the market price calculation rate.

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