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(영문) 부산지방법원 2015.05.29 2015고단1414

관세법위반

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

If it is intended to import goods, the name, standard, quantity, price, etc. of the relevant goods shall be reported to the head of a customs office, and no goods shall be imported without filing an identical declaration.

On March 9, 2015, the Defendant, as a captain of the Vietnamese Air, was a foreigner of the Vietnamese nationality. Around March 9, 2015, at the Defendant’s home located in Vietnamese Republic of Korea, conspired to import gold bars closely by receiving a request for a request from “D,” a person who is sexually infinite, and accepting the request.

On March 10, 2015, the Defendant entered the Republic of Korea through the entry port of the Kimhae International Airport located in Gangseo-gu, Busan, and attempted to import four gold bars of KRW 187,027,632 at the price of the said “D” into the Republic of Korea by 1kg head of the said “D.” However, during the process of passing through the metal detection machine of the personal search unit of the entry port, the Defendant attempted to have an attempted to carry the personal effects of the customs office of the Kimhae, which is discovered by the inspector.

Accordingly, the Defendant conspired with the above “D” and attempted to import gold bars without filing a report thereon with the customs collector.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports, gold ingots photographs and appraisal reports;

1. Articles 271(2), 269(2)1 and 241(1) of the relevant Act concerning criminal facts, Article 30 of the Criminal Act, the choice of imprisonment with prison labor

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that an attempted crime is committed and the fact that an attempted crime is committed against a mistake);

1. Article 48 (1) 1 of the Criminal Act; Article 282 (2) of the Customs Act;