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(영문) 인천지방법원 2018.06.26 2018고단3315
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

B and C husband and wife (hereinafter “B, etc.”) knew the fact that the metal detection device was unable to detect the gold leader and it is not easy to detect it in security search and customs house. In order to not pay taxes such as customs duties, etc. generated at the time of filing an import declaration, they made a special gold leader in the shape of 200g weight of 200g weight, and employed the Defendant, etc. as transportation volume, and decided to put them in the port and transport Korea and Japan.

The Defendant accepted the gold bars purchased from the husband and wife B, C, in the course of transporting the gold bars, from China and Korea to Korea or Japan, with the intention of offering the gold bars to KRW 350,000 to KRW 40,000,00 as transportation expenses separately by providing them with the ticket charges, accommodation charges, and transportation expenses.

B et al. requested the Defendant to transport gold bars each time the gains from the exchange rate and gold price per one year and one-day exchange rate are more than the transport cost. The Defendant, as requested by B, etc., for the purpose of avoiding the security search for departure from Korea and the inspection of the customs office, intended to bring in or take out without filing a report with the head of the customs office, by means of concealing five gold bars in the shape of the 200g weight of the 200g dunes in the port.

When it is intended to export or import 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, on September 22, 2015, the Defendant entered the Republic of Korea through the 1st entry port of Incheon Airport in the east-gu Incheon Airport, a Chinese air MU267 letter, starting from the Republic of China, around September 2, 2015, and arriving in the Incheon Airport, and entered the 47,533,000 won (the cost of goods 43,000,000 won) at the market price requested by B, including five gold bars, five gold bars, 1k kg mb in the port by the same method, and was sealed by the same method until May 31, 2016.

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