However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

The Defendant, without filing an export and import declaration from G, proposed that he will pay gold bars to Korea when transporting them from China without filing an export and import declaration, put them into a port where metal detection is difficult, with a view to smugglinging in China from China to Korea by inserting 200g class gold bars into a port where metal detection is difficult.

When the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree are to be exported, imported or returned, such goods shall be reported to the head of a customs office.

Nevertheless, around March 3, 2017, the Defendant: (a) concealed five 200g unit gold bars (total 1kg) equivalent to the market price of KRW 50,248,000 at the Incheon Airport by using C, and received a transport request from B; and (b) imported the gold bars of KRW 27,970,000 in total five times from March 26, 2017 in the same manner as indicated in the attached list of crimes; and (c) imported the gold bars of KRW 5.6 km equivalent to the total market price of KRW 27,970,00 in total, five times from March 26, 2017.

Accordingly, the defendant imported gold in collusion with the customs collector B without reporting it to the customs collector.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. The accusation, the investigation report (No. 2, 8, 18, and 22), the records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 269(2)1 and Article 241(1) of the Act on the Punishment of Criminal Crimes and Articles 269(2)1 and 241 of the Act on the Selection of Penalty, Article 30 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. In full view of the circumstances below the reasons for sentencing under Article 282(3) and the main sentence of Article 282(2) of the Customs Act and other circumstances of sentencing, such as the Defendant’s age, character and conduct, environment, motive and circumstance of each of the instant offenses, means and methods, circumstances after committing the instant offenses, etc., the sentence identical to the disposition shall be determined.

The instant case is a disadvantageous condition.