The customs are lazy and the driver is cheating. The captain almost took the blame for smuggling!

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Time of issue：

2024-07-26 18:10

The driver changed the documents secretly.

Earn the difference

According to Taiwan media reports:The driver of a trading company in Kaohsiung, surnamed Cai, added 50 duty-free cigarettes to the duty-free order without authorization and made profits by reselling them through loopholes in customs personnel. As a result, a captain surnamed Zhao was fined by the customs and suspended from his post for one and a half years. Afterwards, the captain took the driver surnamed Cai and the trading company to court.

It is understood that on February 8, 2017, captain Zhao drove "wantong 18 rounds" to dock no 5 of taichung port for transportation. at that time, he specially ordered 18 duty-free cigarettes such as white longevity, red panda smoke pearl green, aixi blue and aixi mint cold smoke from a trading company in kaohsiung. as a result, the companyThe driver Cai mou secretly revised the documents and changed 18 to 68, order 50 more David Duff gold white hard boxes, intending to sell them afterwards to earn the difference.

▲Wantong 18 rounds

Cai obtained the signature of Captain Zhao and the seal of the shipping company,The ship was used to make the illusion of ordering 68 duty-free cigarettes by using color photocopies, forged export declarations and concurrent orders, and successfully took 50 duty-free cigarettes away for resale for profit by taking advantage of the loophole of Taichung Customs clerks acting cheaply.

The ship arrived afterwardsKaohsiung PortWhen customs officers boarded the ship for inspection, they found that there were only 18 duty-free cigarettes in the storage room on board the ship, which did not match the declaration form. After investigation, they exposed Cai's trick. After investigation by the Taichung District Prosecutor's Office, Cai was sentenced to a suspended prosecution and a fine of NT $50000 for the crime of forging documents; Yang, a clerk of Taichung Customs, was sentenced to 1 year and 6 months, suspended for 3 years, and fined NT $200000 for the crime of forging documents.

Captain Zhao was later fined NT $6000 by Kaohsiung Customs and suspended by the shipping company for one and a half years. He was dissatisfied with the loss of US $6300 a month and decided to claim NT $4.56 million for work losses and mental compensation from Cai and the trading company.

The trading company stressed that the company's internal administrative staff were also cheated by Cai mou, and the company was also the victim of the export declaration form and the approval form without knowing it.

Cai argued that he pleaded guilty in order to obtain a deferred prosecution. In fact, all 68 duty-free cigarettes were ordered by Zhao. The reason why the captain was fined by the customs was "unpacking and moving the storage room without the approval of the customs". Captain Zhao should claim compensation from his own shipping company. It is impossible for him not to engage in other work during the suspension period, and the claim is unreasonable.

The court of first instance found out that Cai did order 50 duty-free cigarettes,Trading companies also failed to exercise oversight. According to the employment agreement between the captain and the shipping company, the salary loss during the annual leave on board and off board is NT $2.74 million, plus NT $400000 for spiritual comfort, and Cai and the trading company are sentenced to NT $3.14 million.

Cai and the trading company refused to accept the appeal, and Cai stressed that Captain ZhaoFailure to supervise the full loading of duty-free cigarettes is also liable for negligence.The trading company also questioned that Captain Zhao's complaint had passed the civil 2-year effect. According to the relevant records and litigation documents, the second instance determined that Zhao did not know that Cai was behind the scenes until the next year, and the time point of the complaint was valid. cai's crime is true,The trading company shall be jointly and severally liable if it fails to fulfill the responsibility of supervision.. But the judge thinksZhao mou's oversight negligence requires 20% responsibility, plus the loss of work that cannot be substantively proved.According to the minimum wage calculation, Cai and the trading company only need to compensate NT $120000.

Cai and the trading company refused to appeal again. Zhao also took out the bank of China's transaction flow list and crew service certificate certified by the SEF as the basis for salary loss. The judge re-determined Zhao Nan's job loss as 13 months,The negligence of loading supervision is the duty of customs officers, not the duty of the captain.Zhao Nan can claim 2.5 million yuan from Cai Nan and the trading company and appeal.

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