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(영문) 인천지방법원 2016.02.15 2016고단51

관세법위반

Text

A defendant shall be punished by imprisonment for one year and a fine of 10,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Where anyone intends to export, import or return goods, he/she shall report to the head of a customs office the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree.

The defendant is a foreigner of Vietnamese nationality who served as a crew member of Vietnamese airline.

On December 25, 2015, the Defendant received a proposal from D, a member of the same airline, to offer USD 1,350 on the face of 1,350.

Accordingly, D, as planned on December 29, 2015, concealed six gold bars (a total of 5km, a total of 223,520,000 won) in Vietnam aviation VN416, which started from the airport of Vietnam and arrived at the Incheon Airport, and the Defendant tried to import the gold bars into the Republic of Korea without reporting to the customs office around 07:09, by boarding the above aircraft at around 06:00 on the same day, and then concealed them in the Defendant’s selling and buckbucks. However, the Defendant attempted to import the gold bars into the Republic of Korea without reporting to the customs office around 07:09.

Accordingly, the Defendant conspiredd with the above D and attempted to import 6 gold bars.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each protocol of seizure, each list of seizure, replys to results from analysis, and application of Acts and subordinate statutes to appraisal;

1. Article 271(2), Article 269(2)1, and Article 241(1) of the Customs Act for criminal facts; Article 30 of the Criminal Act;

1. Imposition of fines pursuant to Article 275 of the Customs Act, in consideration of the choice of punishment, and the circumstances;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. In light of the fact that the crime was committed by taking advantage of the position of flight navigator crew for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as ordered is determined by taking into account all of the following factors: (a) the commission of the crime was committed; (b) the commission of the crime was committed; and (c) the seizure of all the smugglings; and (d) the weight and price of the gold leader, which attempted to import smuggling.