When the defendant does not pay the above fine, 100,000 won.

Foreign goods shall not be smugglinged without filing a declaration thereon with the head of any customhouse.

Nevertheless, at around 16:30 on February 14, 2014, the Defendant entered Incheon port as “D,” which was permanently departing from China, and was found to have been sealed in the process of customs clearance without filing a declaration with the head of the customs office, by inserting a certified plastic bag containing gold 37.5 glusium 7 glus and 1 glusix 300 glus into a bags carried by himself/herself.

Accordingly, the Defendant attempted to import gold 300 girs, market value of KRW 14,871,890, and attempted to import goods.

Summary of Evidence

1. A protocol concerning the examination of partial police officers of the accused;

1. A written accusation;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 271(2), Article 269(2)1, and Article 241(1) of the Act on the Punishment of Criminal Crimes and the Selection of Fine for Negligence;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 48 (1) 1 of the Criminal Act; Article 282 (2) of the Customs Act;

1. Article 334(1) of the Criminal Procedure Act (amended by Act No. 10424, Dec. 30, 2010) asserts that the instant gold is not purchased from China, but purchased domestically. The Defendant and his defense counsel asserts that it does not be subject to a customs declaration.

(a) The same shall apply;

The crime of importing goods without filing an import declaration under Article 269(2) is punishable by the act of importing goods without filing a lawful declaration. The goods here refer to “foreign goods”.

However, Article 2 subparag. 3 of the former Customs Act provides that "foreign goods" shall have arrived at the Republic of Korea from a foreign country (including fish and marine products, etc. collected or caught by a foreign vessel, etc. in the high seas) before an import declaration is accepted (Article 2 subparag. 3 of the former Customs Act provides that "foreign goods" shall be "goods (b)" and subparagraph 4 of the same Article shall apply.