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(영문) 인천지방법원 2019.04.30 2018고단9145
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, on March 2016, the Defendant received a proposal from Sknman B to the effect that “in the event of transporting gold bullion from China to Korea, the amount equivalent to 300,000 won per time shall be paid under the pretext of pure transportation, excluding air ticket charges, accommodation expenses, and transportation expenses,” and received it, and attempted to transport gold bars without reporting to the customs collector, with the knowledge of the fact that it is difficult to detect metal detection devices in the face of the customs house in the face of the gold collapse, if it is hidden in the open door of the port, it is difficult to detect the gold bars.

Accordingly, on March 23, 2016, the Defendant: (a) boarded the aircraft at the Incheon State’s port after departing from the Republic of China on March 23, 2016; (b) entered the Republic of Korea through the port of entry; and (c) concealed five gold bars of 200g weight (an amount equivalent to 50,600,000, the cost of the relevant goods, and an amount equivalent to 46,130,000,00) in the port of entry; and (d) imported gold bars by entering the Republic of Korea in collusion with B, etc. by December 25, 2016; and (e) imported gold bars in total of 18 kilograms (an amount equivalent to KRW 903,474,00,00, the cost of goods, equivalent to KRW 815,190,000,000, the cost of goods) from around 2013 to December 25, 2016.

5. By October, 100, a total of 4 km (205,238,00 won at the market price and the cost of the goods 205,238,000 won at the cost of the goods) was concealed in the port and exported smuggling in a way that Japan takes it out.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (number 22,25, 26, 27);

1. Application of Acts and subordinate statutes to a written accusation or appraisal;

1. Article 269(2)1 and Article 241(1) of the Customs Act, Article 30 of the Criminal Act, Article 269 of the Customs Act, Article 269.

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