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

On August 19, 2013, the Defendant, upon receiving a request from D, who was to go to the Incheon Port from the Chinese Republic of Korea to the Chinese Republic of China, and then came to know of the Chinese Republic of China, accepted the request from D that “The Defendant shall go to KRW 1,00,000 per week by smuggling importing gold.”

Around August 20, 2013, according to the public invitation with D as above, the Defendant, along with E, who is his father and wife, departed from Incheon to China's coastal port, and transferred 3 km of gold leader at that place. On August 21, 2013, the Defendant was on board F at the Chinese coastal port on August 21, 2013 and entered Incheon port.

On August 2, 2013, the Defendant entered the Incheon Port No. 1 International Passenger Terminal on August 13:50, 2013, and failed to file a report with the head of the customs office, and attempted to import gold 3km equivalent to KRW 162,369,207 at the market price delivered without filing a report, and attempted to import gold 162,369,207 at the same time during the customs inspection process.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol concerning examination of suspect concerning D by the prosecution;

1. Records of seizure and the list of seizure;

1. A written accusation;

1. A written appraisal;

1. Application of each statute on photographs;

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Articles 271(2), 269(2)1, and 241(1) of the Customs Act, Article 30 of the Criminal Act;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (all other extenuating circumstances, including the fact that the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime

1. Confiscation: Article 282 (2) of the Customs Act;