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(영문) 인천지방법원 2017.06.29 2017고단2666

관세법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Any person who intends to import goods shall report the name, size, quantity, price, etc. of the relevant goods to the head of a customhouse.

However, on October 2016, the Defendant received a proposal from D (the principal offender of the instant gold tamping incident, which is currently under investigation) to the Republic of Korea by receiving gold tamp from an injured person in China. When inserting gold tamping into the port in the course of entry, the Defendant did not detect the gold tamping machine of a customs house and would pay 70,000 won per gold tamping (weight 200g) with transportation expenses as well as with transportation expenses if carrying gold tampings without making an import declaration.

On October 14, 2016, the Defendant: (a) left the Incheon Airport with China’s annual movement; (b) received a gold 1 km (in five installments of gold 1kg and each of 200 gs by five installments); (c) in the course of entering the Incheon Airport around October 15, 2016 through an entry into the Incheon Airport, without filing a report after inserting the gold gram into his/her port; and (d) imported gold 1 km (the cost of goods 45,730,000) without filing a report thereon with D; (b) in collusion with D in collusion with D, from October 15, 2016 to December 31, 2016, the Defendant failed to report to the head of the customs office on the import 18 g or 18 g (the cost of goods 45,730,000 won) and failed to report to the head of the customs office on the import 20 g or 18 g (the cost of the goods 20.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written accusation, each investigation report, and expert report;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 269 (2) 1 and Article 241 (1) of the Customs Act and Article 30 of the Criminal Act (the daily list of crimes as indicated in the judgment below) concerning criminal facts and the selection of punishment.