관세법위반
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On June 8, 2020, the Defendant, at the Seoul Eastern District Court, was sentenced to a suspended sentence of 2 years for criminal fraud, and the judgment became final and conclusive on June 16, 2020.
2. When a person intends to import or export goods, he/she shall report to the head of a customs office the description, quantity, quantity and value of the goods concerned.
On April 2015, the Defendant received a proposal from B and C (Death on April 16, 2019), who was a gold ingler, to conceal the gold ingot in the port text without filing an export declaration, and to pay the gold ingoting in response thereto, whenever transporting the gold ingot in China to the Republic of Korea.
On April 11, 2015, the Defendant: (a) entered the Incheon International Airport via D, and received a request for transportation from B, etc., by using D on April 11, 2015, imported gold 1kg equivalent to the market price of KRW 46,750,00 by inserting it in the port text; and (b) from around that time to December 8 of the same year, the Defendant sealed 36 km in total by the same method over 46 times, as shown in the list of crimes in the attached Table.
Accordingly, the Defendant imported gold bars without reporting to the customs collector.
Summary of Evidence
1. Copy of the suspect examination protocol of the police concerning the defendant's court statement C;
1. For previous convictions indicated in an investigation report (in addition to statements about a suspect A's crime), a written expert report (in cases of an immigration analysis of a suspect), a written expert report: Confirmation of a judgment suspending the execution of a suspect, and application
1. Relevant Article 269 (2) 1 and Article 241 (1) of the Customs Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
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 (The following extenuating circumstances among the reasons for sentencing);
1. Customs Act: