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(영문) 인천지방법원 2018.09.21 2018고합396

특정범죄가중처벌등에관한법률위반(관세)

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Defendant shall be punished by imprisonment for not less than two years and six months and by a fine not exceeding twenty-one thousand won.

When the defendant does not pay the above fine, 1.

Reasons

Punishment of the crime

The Defendant: (a) incorporated a domestic company in the name of the Defendant from overseas total straw B exporting gold bars to the Republic of Korea from the red bees to the Republic of Korea; and (b) formed a gold ingoting machine from the red bees to the Republic of Korea; (c) imported gold ingoting machine within the charging trawing machine of the solar ring machine to the Republic of Korea; and (d) imported gold ingoting machine within the charging trawing machine of the solar

In addition to C, it received a proposal to pay KRW 300,000 per month if it is transferred to domestic acceptance books.

When it is intended to export, import or return goods, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree, shall be reported to the head of a customs office.

Nevertheless, on September 5, 2017, the Defendant filed an import declaration with the Incheon Customs Office (D) on 20 gold rings of 1kg weight (20 gold rings of 1,068,540,000 at the market price, 971,400,000 goods cost) concealed in the Lighting charging ship, and imported gold ings in a total of 30 gold 45 km from around that time to October 24, 2017 (23,832,160,000 at the market price, 21,65,60,600,000 won for goods) as indicated in the attached list of crimes.

Accordingly, the Defendant imported gold bars without filing a report with the customs collector B, C, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Statement of the police statement related to G;

1. A written accusation;

1. Each protocol of seizure and each list of seizure;

1. Import declaration number: The customs clearance process of cargo, the details of each defendant's cell phone hosting, the KRX domestic and international gold prices, and a copy of the lease agreement for H office (monthly rent);

1. Application of Acts and subordinate statutes to investigation reports (Analysis of seized articles by H office), investigation reports (Determination of offenses, weight analysis of imported goods, etc.);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;