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(영문) 인천지방법원 2020.10.08 2020고단7247
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

The name, standard, quantity, price, etc. of the relevant goods shall be reported to the head of a customs office before importing or returning such goods.

1. Around June 6, 2015, the Defendant: (a) imported four 200 foot gold bars (37,338,400 won at the price of a crime) requested by B while entering the Incheon International Airport from the Republic of China, and concealed them in his/her port; and (b) imported them without filing an import declaration with the head of a customs office; and (c) imported them from March 29, 2017 through the same method over 53 times in total, as shown in attached Table 1, until March 29, 2017.

Accordingly, the defendant, in collusion with the head of the customs office B, imported gold bars without filing an import declaration.

2. On January 26, 2017, the Defendant: (a) received five gold bars (49,280,000 won at a price of offense) from toilets near the port of departure, which is located in the Incheon International Airport transfer area; (b) stored five gold bars (49,280,000 won at a price of offense) in one’s port; (c) deposited them in one’s port; and (d) withdrawn from the Republic of Korea without filing a return report to the head of a customs office; and (d) removed from Korea from Korea, from August 30, 2017, the Defendant carried 57 gold bars (57 km at a price of offense 572,572,00 won) in total at 14 times, as shown in Appendix 2, from August 30, 2017.

Accordingly, the Defendant, in collusion with the head of the customs office, carried out gold bars without filing a return report.

Summary of Evidence

1. The application of the accused's statutory statement C, a copy of each police interrogation protocol of the accused against D, and E to the investigation report (the date on which the suspect does not transport gold bars among entry and departure of China), the investigation report (the preparation of a suspect A crime inundation), and one copy of a written appraisal of the A immigration data in one copy of the investigation protocol of the accused; and

1. Paragraphs (1) and (2) of this Article, Articles 269(2)1 and 241(1) of the Customs Act, and Article 30 of the Criminal Act (the point of smuggling) shall be determined as applicable provisions of the indictment in the indictment; and

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