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(영문) 인천지방법원 2018.07.25 2018고단4072

관세법위반

Text

Defendant

A Imprisonment with prison labor of one year and six months and fine of 5,00,000 won, Defendant B shall be punished by imprisonment with prison labor of one year and six months, and Defendant C.

Reasons

Punishment of the crime

When it is intended to import goods, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be reported to the head of a customs office.

Defendant

A and B, around January 2018, intended to import gold bars from red bees to distribute them in Korea and distribute profits therefrom. Defendant B obtained loans under his/her own name, and Defendant A agreed to take charge of contact with a name-free gold seller residing in red bees and domestic buyers. Defendant C participated in the transport of the gold bars directly from red bees to Korea through Defendant A on the condition of receiving KRW 350,000 per 1kg of the gold transport cost.

According to the above public offering, Defendant C entered the Republic of Korea through the Incheon International Airport from the Hong Congo on January 31, 2018 through the following: (a) without reporting to the customs office any gold 2kg (the market price of KRW 99,748,00, KRW 65,733,932) purchased from red bees (the product cost of KRW 65,73,932) with the sealed water of Defendant B; (b) and (c) obtained or attempted to import gold 10 km in total (the market price of KRW 503,624,00 in total, KRW 31,88,216 in total) over five occasions from around that time to April 7, 2018, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written appraisal;

1. Application of the police seizure protocol statutes;

1. Relevant provisions of the Customs Act and Articles 269(2)1 and 241(1) of the Customs Act for criminal facts, Article 30 of the Criminal Act (the fact of smuggling import, the choice of imprisonment and fines under Article 275 of the Customs Act for Defendant A), Articles 271(2), 269(2)1 and 241(1) of the Customs Act, Article 30 of the Criminal Act for the selection of criminal facts (the fact of attempted smuggling import, the choice of imprisonment and fines for Defendant A shall be imposed concurrently in accordance with Article 275 of the Customs Act)

1. The aggravated criminal defendant A: the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act with respect to imprisonment.