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(영문) 인천지방법원 2020.11.13 2020고단6070

관세법위반

Text

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.

Reasons

Punishment of the crime

A person who intends to export, import or return goods shall report to the head of a customs office the name, quantity, quantity, value and other matters prescribed by Presidential Decree.

On May 2015, the Defendant received a proposal from B, a general book for the transport of gold at the coffee shop, which is located in front of the Incheon District Court of the Busan District Court of 16, Kimpo-si, Kimpo-si, Kimpo-si, and accepted the proposal to conceal the gold in China, and bring it into the Republic of Korea.

On May 14, 2015, the Defendant, while entering the Incheon International Airport from the Chinese Sym (hereinafter “C”), imported 3 200 foot gold bars (hereinafter “28,188,600 won at the price of the offense”) by inserting them into his/her port, without filing a report thereon with the head of the customs office, and importing them into the Republic of Korea. From that time until January 11, 2016, the Defendant sealed 195 gold bars (1,81,931,00 won at the price of the offense) in total 49 times in the same manner as indicated in the attached list of crimes, as shown in the attached list of crimes.

Accordingly, the defendant imported gold in collusion with the head of the customs office B without filing a report thereon.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of interrogation of the police officer regarding D (2, 3 times);

1. A written accusation;

1. A immigration data;

1. Investigation reports, analysis of suspects A, and application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

1. Relevant Article 269(2)1 and Article 241(1) of the Customs Act, Article 30 of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under the main text of Article 282(3) and Article 282(2) of the Customs Act is a serious crime that disturbs the balance of payments and the stability of monetary values and prevents the State from securing the import of customs duties, and disturbs sound distribution order.

The defendant.