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(영문) 인천지방법원 2018.04.12 2018고단1475
관세법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years 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 February 23, 2018, at around 09:10, the Defendant boarded with C (C, the suspension of indictment on the same day) and arrived at the Incheon passenger terminal, and thereafter, the Defendant was discovered in the course of the security search by: (a) upon request from the said C to deliver to B after passing through the entry port, the Defendant attempted to pass through the entry port by means of transporting the kart attached with the total sum of KRW 5.98km (No. 2) at KRW 275,379,00 in the cost of the goods at the bottom of the kart without filing a report.

Accordingly, the Defendant conspiredd with C to commit an attempted crime of smuggling.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to accusation, CCTV photographs;

1. Relevant legal provisions of the Act and Articles 271(2), 269(2)1 and 241(1) of the Act on the Selection of Punishment for Criminal Facts, and Articles 271(2), 269(2)1 and 241(1) of the Act on the Selection of Penalty

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The method of a disguised entry into the country and the amount of concealment are disadvantageous to the defendant, which are flat to the reason for sentencing of Article 282(2) of the Confiscation Customs Act.

However, in the formation and development of the case, there is no aspect that the annual person has used as the tool of the crime that has been dead, the edification in the unconvicted detention process, the suppression of recidivism and the possibility of forced prosecution, and the rest of good character and behavior that have been left in a high country shall be determined to be sentenced to a punishment of one year within the applicable range, and the execution thereof shall be postponed for a period of two years.

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