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(영문) 인천지방법원 2017.01.20 2016고합742

특정범죄가중처벌등에관한법률위반(관세)

Text

A defendant shall be punished by imprisonment for two years and by a fine not exceeding 204,492,260 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a foreigner of Vietnamese nationality who serves as a member of Asia or aviation crew.

When it is intended to import goods, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be reported to the head of a customs office.

Nevertheless, the Defendant, who received a proposal from the gold-saving exporter whose name in Vietnam is unknown, that “I will pay US$ 250 per 1 kg gold leader per week when transporting gold to Incheon public port.” On October 27, 2016, the Defendant received seven gold bars from the gold-saving exporter whose name is unknown at his/her own residence in Vietnam Min-young, and who received seven gold bars from around October 27, 2016.

On October 28, 2016, at around 07:00, the Defendant entered the Incheon International Airport from the territory of the Republic of Vietnam to the Asian or air (OZ) 736, and attempted to go in without filing a declaration with the customs collector of the amount of KRW 310,306,920 (the cost of goods 204,492,260) equivalent to the above gold leader (6,020g), the market price was 310,306,920 (the cost of goods 204,492,260).

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Responses to the results of the analysis;

1. A gold dys and photographs, and a declaration on travelers' personal effects;

1. A written accusation;

1. Investigation and reporting (Calculation of the current market price), and application of Acts and subordinate statutes to appraisal reports;

1. Article 6 (7) and (2) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant crime, Article 271 (2), Article 269 (2) 1, and Article 241 (1) of the Customs Act (Concurrent punishment of a fine equivalent to twice the cost of goods imported pursuant to Article 6 (6) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes is required);

1. Articles 53 and 55(1)3 and 6 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) of the mitigated amount;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 62 of the Criminal Act on the suspended execution (The following extenuating circumstances shall be repeated for the reasons for sentencing):

1. The main sentence of Article 282 (2) of the Customs Act to be confiscated;

1. The Criminal Procedure Act of the Provisional Payment Order.