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(영문) 부산지방법원 2014.02.06 2013고단6459
관세법위반등
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

1. Any person who violates the Customs Act shall, when he/she intends to import goods, file a report thereon with the head of the relevant customs office;

Nevertheless, the Defendant: (a) conspired to import fake goods, such as C, D, E, and domestic delivery book F, etc. with a trademark attached (hereinafter “Counterfeited goods”) by pretending them to be sealed as authentic goods; (b) the Defendant either recruited smuggling goods or introduced them to C; (c) the Defendant took charge of domestic transportation by requesting F to F; (d) the Defendant took charge of the instant smuggling; and (e) the Defendant took charge of transporting containers after shipping them into Korea by pretending forged goods as normal goods; and (e) the Defendant took charge of transporting them out of the bonded warehouse after shipping them, and (e) the Defendant takes charge of delivering them to each owner after taking over the said goods.

On September 30, 2010, the Defendant, together with C, loaded 20 feet containers (number H) shipped into G at the Chinese Grand Port on September 30, 2010, loaded 15,488 points in total of forged goods bearing a fake trademark, such as the list of goods in violation of the Customs Duties Act, and sent D and E to Busan port. On October 2, 2010, the Defendant, around October 4, 2010, filed a false report as if the aforementioned container was transferred to the local bonded warehouse at Yangsan-si, Busan Metropolitan City (ju) on a false basis as if the said container was transferred to the bonded bonded warehouse at Yangsan-si (ju), and thereafter, the Defendant, as soon as he knows, made a freight vehicle engineer remove the forged goods from the above container and transported it to the K goods collection center located in the J at the permissible point of time.

On the other hand, on October 4, 2010, F receives a domestic shipping list from Defendant and C, contact domestic shippers and check the delivery site, and transfer L’s delivery cost (15,000 to 20,000 won per one domicile) to L’s bank account or M’s post account, and then transfer the delivery cost to 95 boxes for the shippers whose delivery cost has been deposited.

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