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(영문) 인천지방법원 2018.10.04 2018고단5352
관세법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Defendant was aware that he had been in common.

B It was proposed that gold bars will be paid to China on the face of transporting them from China to Korea without reporting export and import from China, by inserting 200g unit gold bars in a port difficult to detect metal and passing through a security screening stand.

When it is intended to export, import or return goods, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree, shall be reported to the head of a customs office.

Nevertheless, around April 26, 2017, the Defendant imported five gold bars of 50,325,000 won in total from around 200 to around 15, 2017, in the same manner as shown in the list of crimes in the attached Table, from around 201 to August 15, 2017, at the market price of 552,024,000 won in total, as shown in the list of crimes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D or E;

1. Comparison table on entry or departure details, mobile phone call details, D, and other books for the transportation of smuggling imports;

1. A written accusation;

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

1. Relevant Article of the Customs Act and Articles 269(2)1 and 241(1) of the Customs Act, Article 30 of the Criminal Act and the choice of imprisonment, respectively, for the crime;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 282(3) of the Customs Duties Act (hereinafter “Additional Collection”), i.e., the Defendant and his defense counsel regarding the calculation of the additional collection charges, given that those other than the Defendant’s simple transport volume, are not currently occupied by the Defendant.

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