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(영문) 인천지방법원 2014.07.17 2014고단3859
관세법위반
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding four million won.

Where a fine is not paid, one hundred thousand won shall be the one day.

Reasons

Punishment of the crime

On May 28, 2014, the Defendant accepted the offer that the Defendant would make a 2,000 bill in the face-to-face Chinese money, by transporting gold and gold bullion from a person who is not related to his/her name in China to Korea.

Anyone who intends to export, import or return goods shall file a report thereon with the head of a customs office on the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree.

At around 12:30 on May 28, 2014, the Defendant: (a) was on board the first floor of the Incheon International Airport Passenger Terminal's Customs Entry in Jung-gu Incheon International Airport in Jung-gu Incheon International Airport; (b) from the Chinese heart, the Defendant was found to have attempted to enter the customs office without filing a report on the Defendant's title and arms, as if the Defendant was on board the 681 Incheon International Airport's Air (CZ) from the Chinese heart to the Incheon International Airport, and the said name was transferred to the Defendant.

As a result, the Defendant attempted to import gold stuffs worth KRW 36,682,00 (the total value of the goods is equivalent to KRW 24,173,438) and KRW 8,859,000 (the total value of the goods is equivalent to KRW 5,838,081) and the total market value of the gold stuffs (the total value of the goods is equivalent to KRW 5,838,00) without filing a report thereon with the customs collector.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written accusation and seizure records;

1. Relevant legal provisions concerning criminal facts: Articles 271 (2), 269 (2) 1, and 241 (1) of the Customs Act;

1. Selection of punishment: Imposition of fines in accordance with Article 275 of the Customs Act, taking into account the choice of imprisonment and circumstances;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (the point of seizure and the first offense);

1. Confiscation: Article 282 (2) of the Customs Act;

1. Provisional payment order: It is so decided as per Disposition for the reason under Article 334 (1) of the Criminal Procedure Act;

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