(영문) 인천지방법원 2018.04.25 2017노4645 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.04.25 2017노4645

사기

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) was actually entrusted to the J to transport the instant cosmetics; (b) the J re-entrusted to the I; and (c) the Defendant remitted the 1,490,000 won directly to the I; (d) there was an intention of unlawful acquisition to the Defendant.

and the defendant has conspiredd with I.

There is no room to view.

In addition, the Defendant did not receive a letter of sanitary permission essential for normal customs clearance from the injured party, the victim did not inform the injured party of the detailed product manufacturing for fear of theft, and the sanitary permission for cosmetics takes a large amount of expenses and several months. The Defendant and the injured party set the time of delivery in China from January 4, 2016, which was about one month after the date of request for transportation, around February 8, 2016. The injured party had been transported to 3,800 to 4,000 won per 1 km without a sanitary permission for the transportation of cosmetics even with other transportation business operators. The injured party who received goods from the shipping company and operated the transportation agency for the export of the goods was less likely to have made normal customs clearance for the Defendant, and there was no possibility that the injured party would have been aware of the fact that the local group of China was arbitrarily disposed of in the warehouse after the completion of the customs clearance, and in view of the fact that there was no error in the fact that the injured party had already been suffering from customs clearance.

shall not be deemed to exist.

B. The sentence sentenced by the court below to the defendant (the penalty amounting to 5,000,000) is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the records of this case are examined as follows. The Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court on June 7, 2017, for a violation of the Immigration Control Act, and the said judgment became final and conclusive on January 26, 2018.

유사 판례

-인천지방법원 2017.11.24 2016고정3622

-청주지방법원 2014.07.18 2014고단282

-부산지방법원 2017.04.27 2016노4766

-서울고등법원 2007. 6. 21. 선고 2006노2575 판결

-인천지방법원 2012. 5. 31. 선고 2011구합6503 판결