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(영문) 인천지방법원 2020.01.21 2019고단8816

관세법위반

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

The Defendant, upon receiving a proposal from C to the Republic of Korea without filing an export declaration, proposed that the gold leader will be paid for the transportation of the gold leader from China to Korea or from Korea to Japan, the Defendant was willing to export and import the gold leader by inserting 200g unit gold bars in an open door where metal detection is difficult, and sealed it by passing through the security screening stand.

1. On March 20, 2015, the Defendant: (a) entered the Incheon Airport using letter D from the Chinese Cheongdo to the Incheon Airport; (b) imported five gold bars in the unit of 200g unit of 47,267,000 won in the market price (total 1kg) at which C was requested for transportation; and (c) imported gold bars in the same way as shown in the attached Table 1 of the crime committed by January 13, 2017, from that time, by concealing five gold bars in the unit of 200g unit of 47,267,000 won in the market price; and (d) imported gold bars in the same way as the market price of 3,940,063,600 won in total, as shown in the attached Table 1.

Accordingly, the defendant imported gold in collusion with the customs collector without filing a report thereon.

2. On March 15, 2016, the Defendant exported four gold bars of KRW 41,448,00 in the market price (total 0.8km) of the 200g unit of KRW 41,48,000 in the market price at which he/she was requested to transport from Incheon through E in the same manner as the Defendant sealed and exported four gold bars of KRW 45,728,80 in total at 11 times until April 28, 2016, as shown in Appendix 2 attached hereto.

Accordingly, the Defendant conspiredd with the customs collector to export gold bars without filing a report thereon.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol against C, F, and G;

1. Items A, details of entry and departure, details of entry and departure, details of analysis by accompanying participants A, details of analysis by accompanying participants A, I, I, and outputs of analysis by accompanying participants A, A, and J;

1. Singots and photographs;

1. Application of Acts and subordinate statutes to the written accusation and written appraisal of illegal goods;

1. Article 269 (2) 1 and Article 269 (2) of the Customs Act of the same Act and the selection of punishment for the crime;