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(영문) 인천지방법원 2020.05.27 2019고단9445
관세법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, without filing an export-import declaration from B, proposed that the gold bars will be paid in China from China to Korea or from Korea to Japan at the time of transportation from Korea, with the proposal that no metal detection is possible. The Defendant was willing to export or import gold bars from China to Korea or from Korea to Japan by inserting 200g class gold bars in the port in which it is difficult to detect metal and passing through 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. Around June 25, 2015, the Defendant: (a) imported three gold bars of 28,149,000 (total sum 0.6kg) in the face of an port in which he/she entered the Incheon Airport using Part C in the Republic of China, and received a transport request from Part C; and (b) imported three gold bars of 28,149,000 (total sum 0.6kg) in the face of the port; and (c) imported the gold bars of 57 times in total from January 3, 2017 in the same manner as shown in the attached Table 1 (Smuggling).

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

2. From March 3, 2016 to November 13, 2016, the Defendant: (a) sealed four gold bars of 200g, the market price of which is equivalent to KRW 42,794,400 (total 0.8kg) in the face of the port in which he/she received a transport request from B while departing from the Republic of Korea using Part D from the Kimpo Airport; (b) and (c) sealed and exported four gold bars of 200gs in the face of the port in which he/she received a transport request from B in the same manner as indicated in the attached Table 2 (Smuggling).

Accordingly, the Defendant conspired with the customs collector B and exported gold bars without filing a report thereon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, F, G, H, and I;

1. A written accusation;

1. A written appraisal;

1. The application of A-suspect A-E Acts and subordinate statutes 1.

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