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(영문) 인천지방법원 2015.06.04 2015고단1654

관세법위반

Text

Defendant

A shall be punished by imprisonment for 8 months and by a fine of 5,000,000 won.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B On April 19, 2013, the Incheon District Court sentenced 6 months of imprisonment with prison labor for a violation of the Customs Act and 2 years of suspended execution, which became final and conclusive on April 27, 2013.

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.

Defendant

On February 2, 2013, A proposed that Defendant B will take 1,50,000 won per gold leader per week by transporting gold bars from Taiwan to Korea, and Defendant B accepted this.

1. On March 6, 2013, Defendant A transferred a gold leader (225g) to Defendant B by means of a saving tape at the departure site of the Taiwan Airport on March 6, 2013. Defendant B, at around 15:00 on the same day, entered the Incheon Airport to the Incheon Airport, which is located in the Incheon Airport, and entered the said gold leader without filing a declaration with the head of customs office, using Part 420 on the same day.

As a result, the Defendants conspired to import a gold of 12,831,500 won per annum without filing a report thereon with the customs collector.

2. On March 8, 2013, Defendant A transferred two gold bars (225g) to Defendant B at the departure site of Taiwan Airport on March 8, 2013. Defendant B, at around 15:00 on the same day, entered the Incheon Airport, which was located in the Incheon Airport, to the Incheon Airport, with the traffic (CX) 420 on the same day, without reporting it to the head of customs office.

As a result, the Defendants conspired to import 25,744,50 won or more per annum without filing a report thereon with the customs collector.

3. On March 9, 2013, Defendant A, who attempted to import gold bullion, transferred five gold bars (225gs) to Plaintiff B from the departure port of Taiwan Airport on March 9, 2013 to the saving tape, and B transferred the gold bars (225gs) to Plaintiff B from the departure port of Taiwan Airport on March 9, 2013.

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