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(영문) 인천지방법원 2019.08.29 2019고단3101
관세법위반
Text

A defendant shall be punished by imprisonment for one year.

3,048,498,200 won shall be additionally collected from the defendant.

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, price, etc. of such goods.

Nevertheless, around June 2015, the Defendant received a proposal from B to the effect that “in the event of transporting gold bars to Korea from China, the Defendant would pay an amount equivalent to 500,000 won per time in terms of air ticket charges, accommodation charges, and transportation expenses, and the pure transportation expenses, and then would be paid an amount equivalent to 500,000 won per time in the name of pure transportation expenses,” and had the Defendant thought to transport gold bars without filing a report thereon with the customs collector, with the knowledge of the fact that it is difficult to detect metal detection devices in the face of gold bars in the face of 200g weight, by concealing five gold bars in the face of 200g weight in the face of the port.

Accordingly, on June 2, 2015, the Defendant was on board the aircraft arriving at the Incheon National Airport after departing from China’s Cheongdo and entering the country through the port of entry. As such, the Defendant, without filing a declaration with the customs office as seen above, concealed the total of 1kg of five gold bars of 200gs (the market price shall be equivalent to 47,124,000 won, the cost of the goods shall be 42,490,000 won), and then entered the country in collusion with B, etc., in collusion with B, etc., by entering the Republic of Korea. The “2016-04” as of the date of the crime described in attached Table 1 (Smuggling-A) from the said date to January 17, 2017 is a clerical error of “2015-06-04”.

A total of 59.2km (the market price shall be 2,805,156,200 won, the cost of goods shall be 2,528,754,000 won) over 93 occasions, as described in the separate sheet 2 (Smuggling-A) from March 15, 2016 to April 28, 2016, the total of 4.8km (the market price shall be 243,342,00 won, the cost of goods shall be 243,43,432,00 won, and the cost of goods shall be 240,000 won) were concealed in the text of the same and sealed in a way that it moves into Japan.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the suspect interrogation protocol (3 times) of the police as to C, copy of the suspect interrogation protocol of the police as to D, and police as to E.

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