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Reasons
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(영문) 인천지방법원 2018.12.19 2018고단7672
관세법위반
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around October 2015, the Defendant: (a) received a proposal from B, etc. to “to transport gold bars from China to Korea or to transport gold bars to Japan, KRW 3,50,00 per week,” and accepted such proposal, and (b) on March 24, 2016, the Defendant did not file a report in the manner of concealing 1kg (the cost of goods 45,710,000, market price of KRW 50,270,00) from China into the Incheon International Open Port, and did not file a report in the manner of concealing it in the same paragraph; (c) until January 6, 2017, 200, KRW 60, KRW 30,000 in total, KRW 10,000 (the cost of goods 994,630,000, KRW 10,000, KRW 1081,081,06,000).

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Details of entry and departure, investigation report (No. 4, 10, 12 on a net basis);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. According to the reasoning for sentencing under Article 282(3) and the main sentence of Article 282(2) of the Customs Act, in full view of the following circumstances: Defendant’s age, sexual conduct, environment, motive, circumstance, means and method of each of the instant offenses, circumstances after committing the instant offenses, etc., and the sentencing conditions as indicated in the trial process, such as the order shall be determined.

The circumstances at issue are disadvantageous, each of the instant cases.

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