一名年轻的墨尔本皇家理工大学的学生试图通过走私75万多支香烟到澳大利亚来赚取快钱,结果被抓获。
住在Box Hill南的Zhichen Zhang参与了一项被称为“精心策划”的走私计划,以假冒瓷砖的形式走私商品进口,以逃避将近60万澳元的进口成本。现在25岁的男子当时只有23岁,他在8月31日周一在当地法院出庭,承认拥有烟草制品意图诈骗税收而认罪。该案发生于2018年,当时Zhang试图以不诚实和非法的方式赚钱,包括假装是某人的丈夫,以及假借他人名字购买并驾驶汽车。2018年7月,他在Knoxfield地区的Storage King租用了一个仓库,使用假姓名,假身份证件和假地址来接收香烟。
法院获悉,这批货物是从中国运来的一个声称是瓷砖的集装箱,应交付给Blackburn瓷砖公司。但是2018年8月3日当集装箱到达公司外面时,瓷砖公司的工人对该事一无所知,一名男子在外面对送货司机表示瓷砖公司那里没有空间(存放),必须将其带到仓库。Zhang和四名男子在该仓库等待拆卸集装箱,不曾想被澳大利亚边防警察抓个正着,没收了藏在挖空的瓷砖中的大约762,800支香烟。因不申报香烟而逃避的税值为596132.76澳元。
法官Felicity Hampel在庭上表示,她不接受有关Zhang是不幸的受害者的陈述,他声称受胁迫参加了“精心设计”的走私计划。她说:“为了赚快钱,你做了深思熟虑的决定。“法庭得知,18岁的Zhang从阿德莱德搬来墨尔本,先后就读于莫纳什大学,墨尔本时装学院和墨尔本皇家理工大学,在墨尔本封城之前在Box Hill Cebtral做店员。
Zhang的律师称,Zhang再犯的可能很低,他未曾继续犯罪,并且已经向警方交代了所有罪行。
Hampel法官指出,由于Zhang是首次犯罪,且年龄尚小,同时考虑到新冠疫情因此入狱的话对他可能会更加不利。她说,考虑到他的未来,将他定罪为联邦罪行是一项严重惩罚,并向他下达了为期12个月的保释令,保释金为1000澳元。Hampel法官说,如果Zhang不认罪,她将判处他18个月的监禁,在保释之前需要服刑9个月(保释之后还要完成9个月的监禁)。
编译来源: Herald Sun
原文链接: https://www.heraldsun.com.au/lea ... b31d71b2eaa2754c56c
原文复制在下方:
A young RMIT fashion student who was looking to make a quick buck was busted trying to smuggle more than 750,000 cigarettes into Australia.
Box Hill South’s Zhichen Zhang took part in an “elaborate” scheme to illegally import the goods in a bogus tiles delivery in an attempt to evade almost $600,000 in revenue costs.
The 25-year-old, who was just 23 at the time, fronted the County Court on Monday, August 31, having pleaded guilty to attempting to possess the tobacco products knowing they were intended to defraud the revenue.
The court heard the crime occurred during a period of 2018 when Zhang sought to make money dishonestly and illegally, including by pretending to be someone’s husband and by lending his name to people so they could buy and drive vehicles.
He was a mercenary in the cigarette importation scheme, for which he rented a storage unit at Storage King Knoxfield in July 2018 using a fake name, ID and address to receive the cigarettes.
The delivery of the goods, a shipping container from China purporting to be tiles, was addressed to a Blackburn tile business, the court heard.
But when it arrived outside the business on August 3, 2018, with its workers having no knowledge of the plan, a man met the delivery driver outside saying there was no space and it had to be taken to the storage unit.
Zhang and four men were at the unit waiting to unpack the container, unaware Australian Border Force police had seized the estimated 762,800 cigarettes that had been hidden in the hollowed out stacks of tiles.
The total revenue evaded for the not declaring the cigarettes would have been $596,132.76
Judge Felicity Hampel told the court she didn’t accept the submission that Zhang was a hapless victim who had been frightened into participating in the “elaborate” scheme.
“You made calculated decisions to make easy money,” she said.
The court heard Zhang had moved to Melbourne from Adelaide as an 18-year-old to attend Monash University then the Melbourne School of Fashion and RMIT, and worked as a shop assistant at Box Hill Central before Melbourne’s lockdown.
His lawyer said Zhang had excellent rehabilitation prospects, having never committed another offence, and having told police all about his offending.
Judge Hampel noted jail would be more onerous for Zhang as his first time and because of COVID-19 and his young age.
She said convicting him of the federal offence was a significant punishment considering his future, and handed him a 12-month Recognizance Release Order with a $1000 bond.
Judge Hampel said she would have sentenced him to 18 months’ jail, with a period of nine months to be served before the order if he hadn’t pleaded guilty.
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请lz贴一下原文
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原文链接不是在上面吗?
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最后判决是啥?没看明白
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A young RMIT fashion student who was looking to make a quick buck was busted trying to smuggle more than 750,000 cigarettes into Australia.
Box Hill South’s Zhichen Zhang took part in an “elaborate” scheme to illegally import the goods in a bogus tiles delivery in an attempt to evade almost $600,000 in revenue costs.
The 25-year-old, who was just 23 at the time, fronted the County Court on Monday, August 31, having pleaded guilty to attempting to possess the tobacco products knowing they were intended to defraud the revenue.
The court heard the crime occurred during a period of 2018 when Zhang sought to make money dishonestly and illegally, including by pretending to be someone’s husband and by lending his name to people so they could buy and drive vehicles.
He was a mercenary in the cigarette importation scheme, for which he rented a storage unit at Storage King Knoxfield in July 2018 using a fake name, ID and address to receive the cigarettes.
The delivery of the goods, a shipping container from China purporting to be tiles, was addressed to a Blackburn tile business, the court heard.
But when it arrived outside the business on August 3, 2018, with its workers having no knowledge of the plan, a man met the delivery driver outside saying there was no space and it had to be taken to the storage unit.
Zhang and four men were at the unit waiting to unpack the container, unaware Australian Border Force police had seized the estimated 762,800 cigarettes that had been hidden in the hollowed out stacks of tiles.
The total revenue evaded for the not declaring the cigarettes would have been $596,132.76
Judge Felicity Hampel told the court she didn’t accept the submission that Zhang was a hapless victim who had been frightened into participating in the “elaborate” scheme.
“You made calculated decisions to make easy money,” she said.
The court heard Zhang had moved to Melbourne from Adelaide as an 18-year-old to attend Monash University then the Melbourne School of Fashion and RMIT, and worked as a shop assistant at Box Hill Central before Melbourne’s lockdown.
His lawyer said Zhang had excellent rehabilitation prospects, having never committed another offence, and having told police all about his offending.
Judge Hampel noted jail would be more onerous for Zhang as his first time and because of COVID-19 and his young age.
She said convicting him of the federal offence was a significant punishment considering his future, and handed him a 12-month Recognizance Release Order with a $1000 bond.
Judge Hampel said she would have sentenced him to 18 months’ jail, with a period of nine months to be served before the order if he hadn’t pleaded guilty.
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我理解原文是:
法庭认为有罪
1,zhang认罪的话,判有罪但是12个月(监外执行),交保释金
2,zhang不认罪的话,判有罪,坐监18个月,先坐9个月后,可保释1年,再看
你读读原文
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干点什么不好!
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原来保释金可以这么便宜。
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也算是精心策划了
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钱
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都是学费太贵惹的祸!
想赚点钱交学费,没想到被抓!
这下完了,服刑结束回天朝读技校吧!
天网恢恢 疏而不漏!
干非法的事情,被抓是早晚的事!
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律师说再犯的可能性很低。。。律师赶打这个包票?
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这代价也太低了,75万只烟,金额至少百万澳元啊...
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很多人侥幸成功后就觉得运气永远不会抛弃他们,也是利益巨大的原因
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不认罪判有罪是啥意思
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来了墨尔本7年还在读大学,很想知道他如何获得续签的。。。另外都是大老板了,居然还在疫情前当店员,这孩子蛮吃苦耐劳的。。。
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这事儿还有商量啊?认了这样不认那样,又不能节省任何法律成本,法官是什么意思?
是不是自己认罪不会上诉之类的?直接是终审了?
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过高的烟草税!这样的事情会越来越多的
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判决是十二个月守行为,担保金一千。法官只是解释量刑理由,假定被告人没有认罪(实际已经认罪),她本来会判(would have sentenced)18个月监禁,9个月不得假释。
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看的我也相去走私香烟了,犯罪成本很低啊
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2年前犯罪,能从18岁读到23岁,说是学费问题,反正我是不信的。
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烟草这种百害无一利的东西,能让卖已经不错了。如果吸烟觉得税高那就戒烟,如果不吸烟的觉得税高,那请把因为吸烟导致的各种疾病的人的医疗费全包了而不让不吸烟的纳税人出钱。
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犯罪成本低到吸引人犯罪
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年轻人:请问一下喝酒呢?
还有三级致癌物的咖啡呢?
我没有觉得抽烟是好事,本人也不抽烟。
我就是陈述一个事实!
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微信群里好多卖香烟的
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75万只,60万的税,一只烟将近一刀的税?
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判得可真是轻啊,澳洲法律确实比较宽容。希望能改过自新吧
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75万支?!
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烟的下落呢,可别销毁啊~
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马仔
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