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(영문) 인천지방법원 2019.05.30 2019고단2539
관세법위반
Text

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

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

The Defendant: (a) proposed that the gold bars will be paid in China from China to Korea or from Korea to Japan, without filing an export declaration from Mano-Mano-Ba B; (b) proposed that the gold bars will be paid in return for transportation from China to Korea or from Korea to Japan; and (c) proposed that the gold bars will be sealed in China from China to Korea, and that the gold bars will be sealed in Korea from Korea to Japan.

1. The name, standard, quantity and price of the goods concerned, and other matters prescribed by Presidential Decree shall be reported to the head of a customs office when he/she intends to export, import or return the sealed imported goods;

Nevertheless, around January 7, 2016, the Defendant, using Part D, entered the Incheon International Airport from China to the Incheon International Airport, concealed five gold bars of 200g unit of 45,804,000 won in the market price of 200g unit of 45,804,000 in the market price of which transportation is requested by Part C in the port and sealed it. From around that time to April 27, 2016, the Defendant imported the gold bars of 19.2 km in total amount of 19.2 km in the market price of 940,203,00 won in total from that time to April 27, 2016.

Accordingly, the Defendant conspiredd with C, etc. to import gold bars without filing a report thereon with the head of the customs office.

2. The name, standard, quantity and price of the goods concerned, and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office when he/she intends to export, import or return the sealed export goods;

Nevertheless, around March 8, 2016, the Defendant: (a) concealed five 200g unit gold bars (1kg) of the market price at 53,757,000, which was requested by C to transport from the Kimpo-public port of Kimpo-public port of Korea to Japan; and (b) sealed the Defendant into the port.

Accordingly, the Defendant conspiredd with C, etc. to export gold bars without reporting it to the head of the customs office.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol against C and F.

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