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(영문) 인천지방법원 2019.03.27 2019고단198

관세법위반

Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. When a person intends to import goods, he/she shall report to the head of a customs office the name, standard, quantity and price of the goods concerned, and other matters prescribed by Presidential Decree;

Nevertheless, the Defendant, without filing a report thereon with the head of the customs office on August 11, 2018, entered three gold bars (3kg, 145,134,00 won at the market price of 145,134,00 won at the cost of the goods, and 131,940,000 won at the cost of the goods) purchased from Hong Kong into the Republic of Korea through the Incheon Airport and imported three gold bars.

2. No person who has obtained, transferred, transported, stored, mediated or appraised sealed goods shall be allowed to do so;

Nevertheless, around August 11, 2018, the Defendant acquired three gold bars from the above A to the Hong Kong by purchasing at 46.6 million won per unit.

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor's interrogation protocol against the Defendants (three times)

1. Copy of each protocol of examination of suspect to prosecution C;

1. Details of information and communications on the arrival of aircraft and the message;

1. Application of Acts and subordinate statutes to the current status of entry and departure of individuals, the sending of a written accusation, and report on investigation (the report on the computation of the market price of goods and penalties);

1. Article 269 (2) 1 and Article 241 (1) of the Customs Act; Defendant A who choose to imprisonment with prison labor: Articles 274 (1) 1 and 269 of the Customs Act; Selection of imprisonment with prison labor;

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

1. According to the reasoning for sentencing under Article 282(3) and (2) of the Customs Act, the following conditions of sentencing shall be comprehensively taken into account: the Defendants’ age, character and conduct, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the crime was committed, and the sentence like the order shall be determined.

Defendant

A The crime of smuggling imported in Hong Kong is not against the Defendants’ liability, or the crime of smuggling imported in this case, for the following reasons: (a) the crime of smuggling imported in Hong Kong and the purchase of the above gold bullion imported by Defendant B; (b) the crime of smuggling imported in this case.