관세법위반
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant, without filing an export and import declaration from B, proposed that the gold bars will be paid to Japan from Korea to Japan or from China when transporting them to China, with the intention of 200g class gold bars in the port where metal detection is difficult, and the Defendant was willing to import gold bars from Korea to Japan or from China to China by inserting them into the security screening team.
When the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree are to be exported, imported or returned, such goods shall be reported to the head of a customs office.
1. From April 21, 2016, the Defendant: (a) sealed and exported five gold bars at 200g unit of 50,523,000 (total 1kg) of the market price in the face of the port of Do in Incheon by using Part C to the Republic of Korea; (b) from around May 24, 2017, the Defendant sealed and exported 21 kg of the total market price of KRW 1,093,213,000 in the same way, as shown in the attached list of crimes (Smuggling).
Accordingly, the Defendant conspiredd with the customs collector B and exported gold bars without filing a report thereon.
2. Around June 3, 2016, the Defendant was sealed in the same way, as shown in the attached Table of Crimes (Smuggling) from March 28, 2017, the sum of 801,284,000 won of the market price of 50,985,000 won (total 1kg) at the market price of 50,985,000 won when entering the Incheon Airport using Part D from the Chinese head of the Si of the city of Incheon, and imported five gold bars at the unit of 200 g in the port, in which the Defendant received a transport request from B, and then imported five gold bars at the same time.
Accordingly, the defendant imported gold in collusion with the customs collector B without reporting it to the customs collector.
Summary of Evidence
1. Defendant's legal statement;
1. The accusation book, the report on the survey commencement and arrival, the details of entry and departure, and the gold ingot photographs;
1. Application of Acts and subordinate statutes to written appraisal;
1. Relevant Article of facts constituting an offense and the selective Customs Duties Act;