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(영문) 인천지방법원 2020.01.21 2019고단8682

관세법위반

Text

A defendant shall be punished by imprisonment for one year.

3,940,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant, through B, known to the general public, proposed that he would pay gold bars to China from China to Korea or from Korea to Japan without filing an export declaration, and brought gold bars to China from China by means of inserting 200g unit gold bars and passing through the security screening stand in the port text where metal detection is difficult.

1. The name, standard, quantity and price of the goods concerned, and other matters prescribed by Presidential Decree shall be reported to the head of a customs office when he/she intends to export, import or return the sealed imported goods;

Nevertheless, around July 15, 2015, the Defendant: (a) concealed five gold bars of 47,069,000 won in the market price at 200g unit of 47,000,000 won in the market price of the Incheon International Airport using Part D in the Chinese Cheongdo; and (b) sealed and imported five gold bars of 200g unit of 200,000 won in the port; and (c) imported the gold bars of 3,627,239,00 won in total by the following methods from around that time to January 14, 2017, as described in the attached Table 1 (Smuggling-A).

Accordingly, the Defendant imported gold in collusion with C, etc. without reporting to the head of the customs office.

2. The name, standard, 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 when he/she intends to export, import or return the sealed export goods;

Nevertheless, around February 24, 2016, the Defendant: (a) concealed and sealed five 200g of the market price of KRW 53,691,000 (total 1kg) at the port of supply of Incheon to Japan using Part E; and (b) opened up to April 15, 2016, the Defendant used Part 53,691,000 (total 1kg) at the market price of KRW 53,00,000 at the port of supply of Incheon to Japan; and (c) opened up to six km of the total market price of KRW 312,807,00 in the same way as the attached Table 2 (Smuggling-A) from around that time to April 15, 2016.