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(영문) 인천지방법원 2020.08.12 2020고정917

관세법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B The Defendant was recruited by forming a powder for the purpose of returning the gold leader, such as the Hong Kong's purchase place and Japan's gold bars sales place.

The Defendant invested 1kg of the purchase cost of three gold bars, and B purchased 3kg of the gold bars through the Hong Kong’s purchase place, brought them into the domestic airport transfer area, and conspired to remove the gold bars from Japan through the transport measures prepared by C.

If the name, standard, quantity, price, etc. of the relevant goods are to be exported, imported or returned, such goods shall be reported to the head of a customs office

In addition, the name, standard, quantity, price, etc. of the relevant goods shall be reported to the head of a customs office to return them to a foreign country again in the transfer area which is a bonded area without undergoing import clearance.

B, upon such public offering on November 27, 2019, purchased 3 km equivalent to the total market price of 182,447,000 won from the Hong Kong’s purchase place, brought into the domestic airport transfer area. After C had transport volume prepared in advance deposited the gold leader in the Belgium Packet and covered it by the neck Packet, and let Japan depart from the Republic of Korea after hiding it with the cover of the gold leader, and then let the transport volume prepared by C depart from the Republic of Korea from the Republic of Korea from November 28, 2019, as shown in the list of crimes (1) in the attached Form No. 365,277,000.

Accordingly, the Defendant, in collusion with the head of the customs office B, carried out gold bars without filing a return report.

Summary of Evidence

1. Statement B by the defendant in court, each interrogation protocol of the prosecution against C;

1. A written accusation and an appraisal;

1. Application of Acts and subordinate statutes to investigation reports (the filing of fuses app messages extracted from suspect Handphones);

1. Article 269(3)1 and Article 241(1) of the Customs Act, Article 30 of the Criminal Act, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act among concurrent crimes;