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(영문) 인천지방법원 2019.04.30 2019고단1354
관세법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to import or export goods shall report to the head of a customs office the name, standard, quantity, price, etc. of such goods.

Nevertheless, around January 2016, the Defendant received a proposal from B to the effect that “in the event of transporting gold bars to Korea from China, the amount equivalent to 3,50,000 won per time shall be paid under the name of pure transportation expenses excluding air ticket charges, accommodation expenses, and transportation expenses,” and received it, and attempted to transport gold bars without filing a report thereon with the customs collector, with the knowledge that it is difficult to detect the gold tamping machine of customs office’s metal detection in the event of hiding it in the port door, if it is difficult to detect the gold tamp.”

Accordingly, on January 22, 2016, the Defendant: (a) entered the aircraft at the Incheon State’s port after departing from the Republic of China; (b) entered the country through the port of entry; and (c) deposited 1kg in five gold bars of 200g weight (or an amount equivalent to KRW 46,860,00 at the market price, the cost of the goods of KRW 42,380,000 at the price of KRW 42,30,000 at the price of the goods) without filing a declaration with the customs office as above; and (d) deposited gold bars in collusion with C, etc. by entering the Republic of Korea through the same method from the above date to January 6, 2017; and (e) entered a total of 16 ggs (or KRW 798,897,00 at the price of the goods of KRW 722,750,00 at the price of the goods of KRW 360,016 at the price of KRW 3016.78.7.67.16.6.7

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (number 22,23,27,30,31,32);

1. Application of Acts and subordinate statutes to the accusation and appraisal report;

1. Relevant Article 269(2)1 and Article 241(1) of the Customs Act, Article 30 of the Criminal Act, and Article 269(2)1 and Article 241(1) of the Customs Act, each Customs Act, each of which is applicable to criminal facts;

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