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(영문) 인천지방법원 2020.09.09 2020고단2397
관세법위반
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three 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 and price of the relevant goods, and other matters prescribed by Presidential Decree.

Nevertheless, the defendant, under the direction of B, transported gold bars from China to China in Korea, and received the compensation therefor.

1. On July 6, 2015, the Defendant, in collusion with B, entered the Incheon International Airport via Aviation (C) in collusion with B, imported gold bars by inserting 1kg (on a market price equivalent to 47,168,000 won) into the port of port, and then imported gold bars by concealing it from that time until January 14, 2017, as shown in Table 1, up to 78 km (on a total of 3,763,738,00 won).

2. In collusion with B, on March 10, 2016, the Defendant exported gold 1 km (or 53,614,000 won at a market price) by inserting it into the port of air (D) in collusion with B, and then exporting gold 1 km (or 53,614,00 won at a market price) from the time to May 16, 2016 to Japan by inserting it into the port of air (D). From that time, the Defendant exported gold 12 km (or 616,572,00 won at a market price) in total by 12 times as shown in the attached list 2 of the crimes committed in the attached Table 2.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's statutory statement B, each police suspect interrogation protocol of the defendant regarding E, investigation report (Evidence List Nos. 22, 23), additional accusation statement, additional accusation statement, and application of statutes;

1. Article 269(2)1 of the Customs Act and Article 241(1) of the same Act (the point of smuggling import), Article 269(3)1 of the Customs Act and Article 241(1) of the same Act (the point of smuggling export), Article 30 of the Criminal Act and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

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

1. The value and scale of the gold leader that the defendant has sealed, exported and sealed for the reason of sentencing under Article 282(3) and the main sentence of Article 282(2) of the Customs Act.

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