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(영문) 인천지방법원 2017.10.18 2017고단6264
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

The name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office.

Nevertheless, the defendant, who was fluent with C, received money in the name of transportation expenses for the Jeju-do in which the gold leader was sealed, and left the Republic of Korea on February 21, 2017.

On February 22, 2017, the Defendant: (a) while entering China as the Republic of Korea on February 22, 2017, imported gold bars of an amount equivalent to KRW 50,050,00 (cost of KRW 45,50,000) from 1 km to her port; (b) in collusion with C by August 13, 2017, as described in [Attachment] No. 1 through 18, the market price was 90,988,000 (cost of KRW 819,080,000) in total at 18 times as stated in [Attachment] List No. 19, August 18, 2017; (c) in collusion with C, the Defendant attempted to detect the market price of KRW 61,78,975,717,9757,1757,1757,2757,7157,757).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Seizure records;

1. Articles and photographs of specific articles, travelers' personal effects, travel agents' receipt of airline tickets by travel agencies, Kakao;

1. The entry or departure record of a traveler, C immigration record, D, E, and F, respectively;

1. The main text of an abstract of A mobile phone panssis;

1. Data, etc. on reservation of airline tickets submitted G;

1. Investigation report (Preparation of a list of crimes committed against smuggling), investigation report (the weight of items present on specific goods, price classification), weight and photographs of items present on specific goods, analysis response, and written appraisal;

1. Application of Acts and subordinate statutes to investigation reports (Analysis, etc. of communications data);

1. Relevant Articles 269(2)1 and 241(1) of the Customs Act regarding criminal facts; Article 30 of the Criminal Act; Article 271(2), Article 269(2)1, and Article 241(1) of the Customs Act; Article 30 of the Criminal Act concerning the selection of criminal facts (see, e.g., smuggling).

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