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(영문) 인천지방법원 2017.02.07 2016고정3585
관세법위반
Text

Defendant shall be punished by a fine of KRW 25,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a U.S. resident in Germany, who is an aircraft pilot belonging to the "C" of a foreign pilot manpower supply service company.

When it is intended to import goods, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be reported to the head of a customs office.

On August 16, 2016, the Defendant purchased for investment purposes in the United States, as a net gold 100g foot.

On August 30, 2016, 14 and 2 others (total 2.17kg) brought into Korea for aircraft operation on August 30, 2016, and kept them in the E hotel baggage depository located in Jung-gu Incheon, Jung-gu, Incheon. On September 16, 2016, the defendant's residence was taken out to Germany, without filing a report with the customs collector.

On August 30, 2016, the Defendant entered the Republic of Korea via the 17:00 Incheon Airport 1st floor entry port at around 17:0,00, the Defendant: (a) placed in the country of destination at around 128,439,058 (cost of KRW 105,723,995) at the market price concealed in the country of travel room owned by the Defendant; and (b) placed in the country of destination at around 100,00.

14 and 2 others (total 2.17kg) imported smuggling to the customs collector without filing a report.

Summary of Evidence

1. Partial statement of the defendant;

1. A seizure list;

1. Application of the Acts and subordinate statutes of accusation;

1. Relevant Article of the Act and Articles 269 (2) 1 and 241 (1) of the Act on the Selection of Punishment) concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 282 (2) of the Confiscation Customs Act;

1. As to the defense counsel’s assertion of Article 334(1) of the Criminal Procedure Act, Germany or the United States asserts that the defendant, as the defendant did not impose customs duties on gold, did not have an obligation to report the import thereof even in the Republic of Korea, and that this constitutes a mistake in the law with legitimate grounds.

However, this is nothing more than the site of the law, and it cannot be viewed as a mistake of the law, even if not.

(b)if any;

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