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(영문) 서울고등법원 2019.06.20 2019노340
특정범죄가중처벌등에관한법률위반(관세)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defendants) is unreasonable in that the sentence of imprisonment with prison labor for three years, fines of 63,579, 670,00 won and penalty of 71,318,038,000 won imposed by the court below is excessively unreasonable.

2. The Defendant, in collusion with B, etc. from April 24, 2017 to September 4, 2017, imported a large amount of gold bars (total amount of KRW 1,387kg) exceeding the market price of KRW 71.3 billion.

The crime of this case was committed in an organized and planned manner by concealing gold bars in the charging stack of the solar lighting fixture under the conspiracy with the smuggling export general liability, and by reporting as if he were to import the solar lighting fixture. The method of committing the crime was tightly and systematically planned.

These crimes are serious damage to the national finance, the collection of customs duties, and the transaction order, and are highly likely to be punished or criticized.

The above is the circumstances unfavorable to the defendant.

On the other hand, the defendant had committed all crimes.

The Defendant received KRW 8 million per month from B, and participated in the commission of the crime. There is no evidence suggesting that the Defendant separately obtained the benefit of disposing of the gold.

There is no record of criminal punishment exceeding the same kind of crime or fine.

The above is the circumstances favorable to the defendant.

As above, comprehensively taking account of all the circumstances indicated in the records and arguments of this case, including the Defendant’s age, character and conduct, family environment, and circumstances after committing the crime, together with the factors unfavorable or favorable to the Defendant, it cannot be deemed that the sentence of imprisonment (a fine of three years, a fine of 63,579,670,000, a penalty of 71,318,038,000) imposed by the lower court is too unreasonable.

Therefore, the above argument of the defendant cannot be accepted.

3. As the appeal by the defendant cannot be accepted, it shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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