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(영문) 인천지방법원 2018.01.10 2017고단8339
관세법위반
Text

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

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

The name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office.

However, the Defendant purchased gold bars in red bean and received a mind to import gold in Korea, and had he knows that he knows it.

L At the office of the trade name of M M, which is established in the Red bean, a gold hole in the form of an original pole by melting gold bars, was installed, and a fluorous Alumin has been made in the middle and middle sections of the pole so as to put the enormous gold bars into it.

Since then, around November 10, 2017, the Defendant purchased nine gold bars (78,119,640 won for the cost of goods) in the room, and then processed the gold bars into nine with a huge amount of gold bullion that can be concealed in the Aluminum mold using gold-works equipment prepared as above at the above MM office, and attempted to put the gold bars into the Republic of Korea without filing a report with the head of the customs office by means of a disguised method, as if he carried the gold bars into the Aluminum mold produced as above, and then put them into the Republic of Korea with the head of the customs office without filing a report.

On November 11, 2017, the Defendant entered the Republic of Korea through the Incheon Southern-gu Incheon International Airport and attempted to bring in the Republic of Korea without reporting the Aluminum mold, which was concealed as above. The Defendant was exposed to all customs employees and attempted to bring in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant legal provisions of the Act and Articles 271(2), 269(2)1, and 241(1) of the Act on the Selection of Criminal Crimes (or Selection of Imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. The grounds for sentencing under the main sentence of Article 282(2) of the Confiscation Customs Act include the Defendant’s age, sex, family relationship, family environment, motive and means of committing a crime, and circumstances after committing a crime.

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