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A defendant shall be punished by imprisonment for six months and by a fine of 4,00,000 won.
The defendant does not pay the above fine.
Reasons
Punishment of the crime
On May 8, 2014, the Defendant accepted the offer from D, which was known to the general public at the S. S. S. S. S. S. S. S. S. S. S. S. on May 8, 2014, that the Defendant would take up one gold pool (1,293g) and one gold sheet (383g), and that the Defendant would take up the cost of transporting the gold sheet to Korea.
Anyone who intends to import goods shall report to the head of a customs office the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree.
At around 12:30 on May 8, 2014, the Defendant: (a) boarded the first floor of the Incheon International Airport Passenger Terminal's Customs Entry in Incheon International Airport in 271, and entered the Republic of Korea from the Chinese depth to 681; (b) and (c) attempted to bring in the said D with one gold cover (1,293g) and one gold cover (383g), as if it were personal effects, as the Defendant carried in the said D’s own title and arms.
As a result, the Defendant attempted to import gold glings without filing a report thereon with the customs collector on the total market value of KRW 61,921,790 (amounting to KRW 40,806,460) and KRW 18,341,800 (amounting to KRW 12,087,246), including the total market value of KRW 80,263,590 (amounting to KRW 52,893,706).
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to custody certificates, seizure records, list of seizure, appraisal records, and expert opinion;
1. Article 271 (2), Article 269 (2) 1, and Article 241 (1) of the relevant Act concerning criminal facts;
1. Imposition of fines in accordance with Article 275 of the Customs Act in consideration of the choice of sentence of imprisonment or the circumstances;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution);
1. Article 282 (2) of the Customs Act that is confiscated;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;