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(영문) 인천지방법원 2019.01.10 2018고단7436
관세법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant suggested that he will pay gold bars to Korea when transporting them from Dong-in B without filing an export or import declaration from Dong-in B, and put them into the port in which metal detection is difficult, and brought them into the port of 200g class gold bars in a way of passing through the security screening team.

When the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree are to be exported, imported or returned, such goods shall be reported to the head of a customs office.

Nevertheless, around August 11, 2017, the Defendant, using Part C, entered the Incheon Airport from Cheongdo to Cheongdo, and imported four 200g unit gold bars of 41,544,800 won at the market price at which B received a request for transportation from Cheongdo in the territory of the port.

Accordingly, the defendant imported gold in collusion with the customs collector B without reporting it to the customs collector.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. Details of airline tickets, and records of entry and departure;

1. A written appraisal;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 269(2)1 and Article 241(1) of the Act on the Punishment of Criminal Crimes and Articles 269(2)1 and 241 of the Act on the Selection of Penalty, Article 30 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. According to Article 282(3) and 282(2) of the Customs Act, a person shall be sentenced to imprisonment inasmuch as the value and size of the imported goods with the reason for sentencing is reasonable and the crime is not good in light of the method of crime.

However, the defendant recognizes his mistake and reflects his mistake.

There is no criminal record.

The role of simple transport measures was to play a role.

The number of crimes was limited to one time.

The sentence shall be determined as ordered in consideration of the above circumstances and all other conditions of sentencing, including the defendant's age, character, conduct, family relationship, property status, etc., and the execution thereof shall be suspended only once.

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