Text
Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.
However, for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Any person who intends to import goods shall file a report thereon with the head of a customs office on the name, standard, quantity, price, etc. of the relevant goods.
Nevertheless, on May 19, 2017, the Defendants would offer 350,000 won per week when transporting gold in the Hongpe Airport ( currently under investigation).
“On the proposal, “” was drawn up with a gold tamp ( approximately 1kg) and a gold tamp ( approximately 500g), each of which was attached to a mobile phone auxiliary model from D (at present during the investigation). A gold tamped with one gold tamp ( approximately 500g) around May 20, 2017, entered the Incheon International Airport through A or air 750, and brought the gold tamped to D, respectively, at the Incheon International Airport parking lot.
Accordingly, in collusion with the above C, D, etc., the Defendants sealed 1.5km (the market price of KRW 74,662,50, the product cost of KRW 68,05,00).
Summary of Evidence
1. The Defendants’ respective legal statements
1. The protocol concerning the interrogation of each police suspect against the Defendants
1. A copy of each protocol of suspect examination of the police in relation to E, D, or C;
1. Determination as to the Defendants and the defense counsel’s assertion
1. The summary of the assertion was that the Defendants engaged in the act of transport of gold at the time and place stated in the crime, but it was merely a mere attempt to transport goods without being aware of the fact that they engaged in smuggling, and there was no conspiracy with C, D, etc. to commit the crime of this case.
2. In order for a joint principal offender to be established under Article 30 of the Criminal Act, the subjective requirements are the intent of joint processing and the objective requirements, which require the fact of implementation of a crime through functional control based on the intention of joint processing. In the co-offender relationship involving more than two co-offenders who intend to jointly commit a crime, the conspiracy is not required under the law, and the conspiracy is not required to be directly or indirectly between the accomplices who intend to jointly commit a crime.