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(영문) 부산지방법원 2019.03.07 2018고단5892
관세법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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 is the representative of the “C” in Daegu Northern-gu B.

If the name, standard, quantity, price, etc. of the relevant goods is intended to be imported, such goods shall be reported to the head of the relevant customs office, and no import shall be imported without obtaining approval, etc. required for import under Acts and subordinate statutes or by unlawful means, and if the importer of timber products intends to clear such goods, he/she shall undergo an inspection of standard and quality in advance by the competent agency pursuant to the Act on

Nevertheless, on May 28, 2014, the Defendant imported from the Busan Customs office located in 20 as the Busan Central District, from D to D, an import declaration numbered KRW 19,950km (the product cost is KRW 28,438,373, the market price of KRW 42,256,126, and the product cost is equivalent to KRW 42,256,126) and imported a harvested timber product without undergoing the standard and quality inspection as above. From around that time to May 30, 2017, the Defendant imported a harvested timber product without undergoing the import inspection by the competent authority on a total of 40 occasions, as described in the attached list of crimes in the attached list of crimes. In addition, the Defendant did not receive the import inspection on a total of KRW 854,712k (the product cost is KRW 689,047,35, market price, KRW 1028,176,542).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each report on investigation and accusation;

1. Responses to a request for data cooperation, a notice of the results of an inspection of standard dimensions and quality of a timber product, photographs thereof, and replies to a request to verify whether timber products are subject to inspection

1. Application of Acts and subordinate statutes to the results of importing charcoals, each import declaration, and each written appraisal of illegal goods;

1. Articles 270 (2) and 241 (1) of the Customs Act applicable to the facts constituting an offense;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”) is the same.

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