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(영문) 인천지방법원 2017.06.09 2017고정1115
관세법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is married with a Korean national and resides in the Republic of Korea.

Any person who intends to import 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.

Nevertheless, the Defendant had the mind to bring in the Republic of Korea the gold products purchased by the Defendant directly in Thailand, and the gold products that the Montreal and B requested to transport to Korea in Thailand without reporting to the customs collector.

At around 07:30 on September 8, 2016, the Defendant: (a) entered the customs office of the Incheon International Airport Passenger Terminal in Jung-gu Incheon International Airport in 271, the Defendant attempted to enter the Republic of Korea using TG658 air flights in Thailand to bring in the Republic of Korea; (b) gold products of an amount equivalent to KRW 63,542,760 (total market price of KRW 99,910,000) of the total cost of the goods; (c) 198 gold products of an amount of KRW 198 (106 gold b) (39,910,000 in total); (d) 10 gold b) and 32 gold b) and 11 gold b) in the middle-gu Incheon International Airport Passenger Terminal, Jung-gu, Incheon; and (d) to bring in the Republic of Korea by distributing two Montreals to the Defendant’s deposited freight and travel bags.

Accordingly, the Defendant attempted to import goods worth KRW 63,542,760 (total market value of KRW 99,910,000) without filing a declaration with the customs collector.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation from the head of the Incheon customs office;

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

1. Application of Acts and subordinate statutes to any investigation report (Customs declaration, entry or departure record), investigation report (list of articles and photographs of articles in violation thereof);

1. Relevant Article 271(2), Article 269(2)1, and Article 241(1) of the Act on the Punishment, etc. of Specific Crimes, and Articles 271(2), 269(2)1 and 241(1) of the Act on the Selection of Fines

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

1. The main sentence of Article 282 (2) of the Customs Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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