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Reasons
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(영문) 부산지방법원 동부지원 2018.06.14 2018고단205
관세법위반
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[Defendant A, B, and C] Defendant A, Defendant B’s imprisonment with prison labor for four months, Defendant B for six months, and Defendant C for six months, respectively.

Reasons

Punishment of the crime

1. Defendant A, B, and C asked Defendant B to use trade lines purchased at a domestic duty-free shop in order to export the cosmetics to China. Defendant B demanded Defendant C, who was aware of the Korean cosmetics as requested by Defendant A, and the Korean cosmetics purchased separately from Defendant A, to load the cosmetics to the foreign trade line I and to export the cosmetics to China. Defendant C conspired in sequence by accepting it.

Defendant

A around 20:00 on January 14, 2017, around Busan National University, around 20:329 the attached list of crimes purchased at a domestic duty-free shop in Busan National University (1) and the attached list of crimes (2) 1,329 to Defendant B. Defendant B, together with the attached list of crimes he purchased, transported 486 of the attached list of crimes (2) to D Co., Ltd. owned by D Co., Ltd., and Defendant B, at around 23:00 on the same day, loaded a total of 1,815 of the above cosmetics into the warehouse of the foreign trade line I, which entered the new Busan National University, with Defendant C, and attempted to export them to China.

Accordingly, Defendant A attempted to export 1,329 Korean cosmetics equivalent to 40,687,340 won of goods, and 1,815 Korean cosmetics equivalent to 61,407,201 won of goods to Defendant B and Defendant C were attempted to export them to China without filing a report thereon with the customs collector.

2. Defendant D Co., Ltd.’s employees B attempted to export 1,815 items, including cosmetics, to China without filing a declaration with the customs collector regarding the Defendant’s duties.

Summary of Evidence

1. Written accusation (Evidence No. 154);

1. The respective legal statements of the defendant A and B;

1. The content of conversations on messages;

1. A report on smuggling;

1. Port entry report;

1. A list of detection photographs, cosmetics, etc.;

1. Port entry report;

1. Business registration certificate for stock companies;

1. The present events referred to in sub-paragraphs 1 through 259 of seized evidence.

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