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(영문) 인천지방법원 2017.11.30 2017고단6565
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

1. When any person intends to import goods, he/she shall report the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree;

Nevertheless, the Defendant, in collusion with C and D, had the intent to keep the gold in an open port and concealed it for the purpose of receiving transportation expenses from them. On September 14, 2015, the Defendant left China through the Incheon International Airport located in Jung-gu Incheon Airport as the Incheon International Airport on September 14, 2015, and entered China from China to Korea through the Incheon International Airport on September 15, 2015, and entered Korea from China to Korea through the Incheon International Airport on September 15, 2015.

5 They were brought into Korea without filing a report with the head of the customs office in a way of concealing them in one’s port, and thereafter imported gold 37 km equivalent to the market price of KRW 1,710,852,00 from that time to January 14, 2017, from that time, 37 times from that time, as shown in attached Table 1-1 to 37-1-37, as well as from January 16, 2017, and attempted to import gold 1 km equivalent to KRW 50,893,70 at the market price of January 16, 2017, as it was 38.

2. When anyone intends to export goods, he/she shall report to the head of a customs office the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree;

Nevertheless, the Defendant, in collusion with C and D in the Etel located in Mapo-gu Seoul Metropolitan Government, departing from Japan through the Kimpo International Airport located in Gangseo-gu, Gangseo-gu, Seoul on March 8, 2016 and departing from Japan on March 8, 2016, for the purpose of receiving transportation expenses from them.

5 copies were exported from 6 km up to 282,320,000 won at the market price from 282,320,000 to 31 May 31, 2016 without reporting to the head of the customs office in a manner concealing in his/her port.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. Extraction of copies of each protocol of examination of the police officers against D, G, or H;

1. Each investigation report; 1.1.

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