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(영문) 인천지방법원 2019.10.30 2019고단5692
관세법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 Defendant, upon introducing B through the bub, proposed that he would pay gold bars to the Republic of Korea when transporting them from China without filing an export declaration from B, and attempted to import gold bars in a way of inserting 200g class balls in the port text where metal detection is difficult, and passing through the security screening unit.

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.

Nevertheless, on May 18, 2015, the Defendant imported two gold bars of KRW 18,862,80,000 in the market price of KRW 18,862,80 in the Incheon Airport by using C, and then imported two gold bars of KRW 200,00 in the market price of KRW 18,862,80 in the face of an resistance, from that time to January 25, 2016, by the same method as the list of crimes in the attached Form 46 times, as shown in the list of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of each police interrogation protocol of D or E;

1. Application of Acts and subordinate statutes to accusations, investigation reports, and expert reports;

1. Article 269(2)1 and Article 241(1) of the Act on the Punishment of Criminal Crimes and Articles 269(2)1 and 241 of the Act on the Selection of Penalty, Article 30 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. In full view of the circumstances below the reasons for sentencing under Article 282(3) and the main sentence of Article 282(2) of the Customs Act and other circumstances of sentencing, such as the Defendant’s age, character and conduct, environment, motive and circumstance of each of the instant offenses, means and methods, circumstances after committing the instant offenses, etc., the sentence identical to the disposition shall be determined.

In case of the crime of this case, each of the crimes of this case is a question about the leader of the defendant.

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