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2005年5月16日,吴某准备搭乘飞机出境前往香港。赴机场前,吴某与某机场工作人员王某联系,由王某送吴某出境。抵达机场后,吴某在王某等人的带领下,绕过海关行李物品查验现场,直接从机场工作人员通道出境。在登机过桥时,被海关关员截获。经依法对吴某携带的旅行包进行检查,当场查获用报纸包裹的400000 美元现钞。机场海关当场扣留了吴某携带的400000美元现钞。另查明,2005 年4月9日,吴某从该机场进境,随身携带400000美元现钞,并依法向海关申报,取得了海关签章的入境申报单。入境之后至案发,其间又有3次出入境记录。第一次是4月12日从该机场出境到香港,4月13日从该机场进境;第二次是4月17日出境前往加拿大,4月 27日从深圳入境;第三次是5月2日从北京出境前往日本,5月12日从北京入境。该三次出入境均未有携带外币出入境申报记录。2005年6月9日,机场海关向吴某送达了行政处罚告知单, 吴某进行了陈述与申辩。机场海关经复核,决定不予采纳其陈述与申辩理由。2005年8月2日,机场海关制发行政处罚书,根据《海关法》第八十二条第一款第(一)项、第二款,《海关行政处罚实施条例》第七条第(一)项,第九条第一款第(二)项之规定,认定吴某的行为构成走私行为,决定没收其超量携带的395000美元。
May 16, 2005, Wu ready to fly to Hong Kong by plane. Before going to the airport, Wu and Wang, an airport staff contacted by Wang sent Wu leave. Arrived at the airport, Wu, led by Wang and others, bypassing the customs baggage inspection site, directly from the airport staff exit. When boarding the bridge, it was intercepted by the customs officers. After carrying out inspections on the bag carried by Wu according to law, he seized 400,000 U.S. dollars in cash on the spot. Airport Customs detained Wu carrying 400,000 US dollars in cash. In addition, it was ascertained that on April 9, 2005, Wu entered China from the airport and took 400 million U.S. dollars in cash with him and declared it to the customs according to law. He obtained the entry declaration form signed by the customs. After the incident to the incident, during which there are three immigration records. The first was to leave Hong Kong from the airport on April 12 and enter the country from the airport on April 13; the second was to leave for Canada on April 17 and enter Shenzhen from April 27 on April 27; the third was 5 He departs from Beijing on the 2nd for Japan and enters Beijing on May 12. The three immigration have not carried foreign currency entry and exit declaration records. On June 9, 2005, the airport customs served a notice of administrative penalty to Wu and Wu made a statement and defense. After reviewing the airport customs, it decided not to adopt its statement and the reasons for the defense. On August 2, 2005, the airport customs administration issued a penalty for administrative punishment. According to Article 81 (1) and (2) of the Customs Law, Article 7 (3) of the Implementing Regulations of Customs Administrative Punishment A) and Article 9, paragraph 1 (b), that Wu’s behavior constituted a smuggling act and decided to confiscate the over $ 395,000 it carried.