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Defendants shall be punished by imprisonment for one year and six months.
However, each of the above penalties shall be imposed for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
On November 5, 2015, A was sentenced to imprisonment with prison labor for a violation of the Customs Act at the Incheon District Court on November 5, 2015 and the sentence on November 13 of the same year was finalized.
1. The Defendants in violation of the Customs Act, upon purchasing gold bars in China, processed them with gold ings, gold ings, asphalt, gings, etc., and then delivered them to Defendant B, Defendant B, who carried them into Korea, carried them into Korea with their body or concealed their personal belongings, and conspired to sell them in Korea.
Defendant
A on January 4, 2015, at the Chinese Cheongdo, delivered 80,394,537 won of gold products to Defendant B. On January 6, 2015, Defendant B brought into the Republic of Korea without filing a declaration in a disguised manner to wear the body of the gold products taken from Defendant A, and imported them in a disguised manner. From around that time to February 5, 2015, Defendant B brought into the Republic of Korea without filing a declaration with the customs office on the following four occasions: (a) the market price of gold products in the aggregate of KRW 432,746,586, and KRW 6.2kg of gold products in the following manner:
2. The Defendants in violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment conspired to sell gold products imported domestically, and to transfer the proceeds from sale to the Chinese exchange account in the name of a third party for the purpose of pretending the proceeds from sale to the property legitimately acquired in the course of remitting them to China. On January 20, 2015, Defendant A’s transfer the proceeds from sale to the national bank account in the name of a Chinese exchange account in the name of E, the amount of KRW 15 million from which the Defendant received the proceeds from the exchange business in China, and from around that time until January 29, 2015, the sum of proceeds from the sale of gold products imported in the name of a third party, including the proceeds from the transfer of the proceeds from sale in the name of a Chinese exchange account, to the national bank account in the name of a Chinese exchange account.