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Defendants shall be punished by imprisonment for one year.
However, the defendant B is above two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Any person who intends to import, export or return goods shall file a report with the head of a customs office on the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree.
1. Defendant A
A. A. Around January 16, 2017, the Defendant: (a) concealed five gold bars from a mutual influent telecom in the Chinese movement into an port; (b) attempted to import five gold bars worth KRW 50,893,700 (33,538,948 won in total of the cost of goods, KRW 1kg, KRW 33,538,948), which were discovered by customs officers to enter the Incheon International Airport located in Jung-gu Incheon International Airport in 272 while boarding the Incheon International Airport in the Republic of China; and (c) attempted to import gold bars worth KRW 50,893,70 in total at a customs office without filing a report thereon.
In addition, from July 14, 2015 to January 16, 2017, the Defendant: (a) imported or attempted to import in China the sum of KRW 2,797,087,700 (the aggregate of the cost of goods KRW 1,843,280,794) from July 14, 2015 to June 16, 2017, 60 kilograms equivalent to the market price of KRW 2,79,07,70 (the aggregate of the cost of goods).
B. On February 24, 2016, the Defendant: (a) concealed five gold bars in the port of Sungnam-si; (b) and (c) exported five gold bars worth KRW 48,140,000 in total at the market price of the Incheon International Airport located in Jung-gu Incheon International Airport, Incheon, by boarding the five gold bars to a customs office without reporting the five gold bars to the customs office; and (d) exported five gold bars ( approximately 1kg, total of KRW 48,140,000 in total of the cost of goods) from Korea to Japan.
In addition, the Defendant exported from February 24, 2016 to May 31, 2016, the sum of the market prices of KRW 614,410,000 (total cost of goods 614,410,000) over 13 occasions, as shown in attached Table 2, from around February 24, 2016 to May 31, 2016, to Japan.
2. Defendant B
A. On January 16, 2017, the Defendant: (a) concealed five gold bars from the mutual influence in the Chinese movement into the port of port; and (b) embarked on the flight of the Republic of China at the Tae-si Airport of China in the East Asia.