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(영문) 인천지방법원 2018.11.28 2018고단7437
관세법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant related to smuggling was known to the general public on October 2015.

B Upon receipt of a proposal from C, etc., “I will give KRW 300,000 per transport cost per week from China to Korea”, “I will receive a proposal and consent thereto, and then import gold bars of KRW 1 kg (cost of goods KRW 42,660,00, market price of KRW 47,245,000) from China to Incheon International Public Port on October 29, 2015, without making a report in a way of hiding it into the port, from July 7, 2016, and import gold bars of KRW 15 k (cost of goods KRW 654,90,000, market price of KRW 728,354,00) by the same method as the ballot list of crimes in the attached Form from July 7, 2016.

2. Around March 17, 2016, the Defendant related to smuggling exported gold 9kg (in total, KRW 461,384,000 (in total, KRW 51,100) from D, etc. in the same manner as the daily list of crimes in the attached Form No. 1, 2016 to May 17, 2016, the Defendant exported gold 9kg (in total, KRW 461,384,00) (in total, KRW 461,384,00) by means of the same method as the daily list of crimes in the attached Form No. 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Investigation report (to record and report the reservation details of the E travel agency and the issuance of electronic airline tickets), investigation report (to prepare and report a list of offenses committed against smuggling A by the suspect A indunes), investigation report (to compile and keep records as to the statements made by accomplices), investigation report (to compile the records as to the contents of statements made by accomplices), and investigation report (to confirm the quantity of the airline'

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

1. Relevant legal provisions for facts constituting an offense, Articles 269(2)1 and 241(1) (the point of smuggling) of the Customs Act, Articles 269(3)1 and 241(1) (the point of smuggling) of the Customs Act, and the choice of imprisonment for each type;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;

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