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(영문) 인천지방법원 2014.12.22 2014고단8136

관세법위반

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 6,00,000 won.

If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

The defendant accepted the bill from the Chinese Joseonyang to the Chinese Republic of China that he would transport gold gals and gold gals from C to the Republic of Korea, and would offer face-to face-to face-face expenses.

Anyone who intends to export, import or return goods shall file a report thereon with the head of a customs office on the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree.

On May 27, 2014, the Defendant: (a) was the chief prosecutor of the customs entry into the Incheon International Airport on the first floor of the Incheon International Airport passenger terminal, located at the Incheon Jung-gu Airport, Incheon International Airport on May 27, 201, and entered the Incheon International Airport on 681 Part 681, in the Chinese depth, and was released from the Incheon International Airport; (b) as the Defendant’s belongings was carried with one (96g) and one gold sheet (273g) that was transferred from the said C, the Defendant was exposed to the customs employees without filing a report thereon with the customs collector.

As a result, the Defendant attempted to import gold stuffs of KRW 45,535,30 (the total value of KRW 30,007,762) and the total market value of KRW 12,868,60 (the total value of KRW 8,480,407), including the total value of KRW 58,403,90 (the total value of KRW 38,488,169), without filing a report thereon with the customs collector.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal provisions concerning criminal facts: Articles 271 (2), 269 (2) 1, and 241 (1) of the Customs Act;

1. Selection of punishment: Imposition of fines in accordance with Article 275 of the Customs Act, taking into account the choice of imprisonment and circumstances;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (the fact that the goods have been confiscated in an attempted crime, the first offender and the second offender are reflected in depth);

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

1. Provisional payment order: It shall be decided as per Disposition for the reason under Article 334 of the Criminal Procedure Act;