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(영문) 의정부지방법원 2017.04.25 2016고단3539
관세법위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is the actual operator of the business of distributing digital apparatus in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, Gyeonggi-do.

Where an import declaration of goods is filed, conditions necessary for import pursuant to statutes shall be met, and no goods shall be imported without meeting such conditions or by meeting such conditions in an unjust manner.

On December 21, 2015, when the Defendant filed an import declaration with the Incheon Airport Customs Office on the amount of KRW 66 (66), the cost of goods 25,810,793, the Defendant imported goods without fulfilling the conditions under the statutes by submitting a certificate on another model already appraised to the head of the relevant customs office for customs clearance, even if the relevant model did not undergo an evaluation of the suitability of electromagnetic waves under Article 58-2 (1) of the Radio Waves Act, and imported goods without fulfilling the conditions under the statutes, as described in the attached list of crimes, from January 5, 2013 to the above date, 49 times in total, including the amount of KRW 2,356,767,763 of goods, without satisfying the conditions under the statutes.

2. Defendant B’s actual operator who was the Defendant B’s Defendant Company, committed the above violation in relation to the business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on investigation (Commencement of investigation) and a report on investigation (the investigation of a suspect and the confirmation of details of offenses);

1. A written appraisal of violation;

1. Application of Acts and subordinate statutes to certified copies of corporate registers, business registration certificates, current status of evaluation of suitability to Nowon-do, report on importation, current status of importation of Nowon-North Korea

1. Relevant legal provisions and the choice of punishment against the crime A: Each of Articles 270(2) and 241(1) of the Customs Act; the selection of fines (the frequency, period, price, size, etc. of the crime); Defendant B, a stock company, etc.: Articles 279(1), 270(2) and 241(1) of the Customs Act; each of the options of fines;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant A who is detained in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

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

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