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(영문) 인천지방법원 2018.07.25 2018고단3351

관세법위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

6,355,322,600 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

C and D (hereinafter referred to as “C, etc.”) (hereinafter referred to as “C, etc.”) knew the fact that the metal detection device was unable to detect the gold leader and it is not easy to detect it in security search and customs offices. In order to not pay taxes such as customs duties, etc. accruing at the time of filing an import declaration, they made a special gold leader in the shape of the 200 g weight of the nes, which is the transportation book, and put it into the Defendant’s port and carried it in Korea or Japan.

The defendant accepted the gold bullion purchased from the above C, etc. to China or Japan, with a proposal to offer the air ticket charges, accommodation charges, and transportation expenses separately, and to offer 350,000 to 450,000 won as transportation expenses.

C et al. requested the Defendant to transport gold bars each time the gains from the exchange rate and gold price per one medium and one medium, and each time the gains from the market price are more than the transportation cost. The Defendant, as requested by C, etc., for the purpose of avoiding the security search for departure from Korea and the customs inspection, brought in or taken out without filing a report with the head of the customs office in a way of concealing five gold bars (1kg) to six (1.2kg) each time in the 200g weight of 200g, as requested by C, etc.

If it is intended to import or export goods, the name, size, quantity and price of the goods concerned, and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office.

Nevertheless, on June 29, 2015, the Defendant entered the Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of MaU5049, and received a request for transportation from C, etc., and imported the 47,355,000 won of the market price (the cost of goods KRW 42,850,000 of the cost of goods) with 200g weighted by five gold bars, Do 1kg in the port, and was sealed by the manual from around that time to January 14, 2017.