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(영문) 인천지방법원 2017.11.08 2017고합245
특정범죄가중처벌등에관한법률위반(관세)
Text

Defendant

A Imprisonment with prison labor for three years and fines for 3,264,38,607, and Defendant B for three years and fines for 3,028,186,985.

Reasons

Punishment of the crime

Defendant A(Defendant A) is a foreigner of Japanese nationality who engages in multi-level sales business.

Any person who intends to import, export or return goods shall file a report thereon with the head of a customs office on the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree.

The Defendant prepared, in accordance with the I’s instructions residing in Hong Congo, gold bars to be sealed into Korea from red bees, and the Defendant received gold bars from a person designated by I in red bees, and attempted to import gold bars by way of directly entering Korea in red bees, moving from red bees to a Japanese airport, and going through a refund procedure, and then entering Korea.

The Defendant, in collusion with I on April 20, 201, received I’s instructions from J that was given in the vicinity of the Red Congo International Airport on April 20, 2017.

After having 5 gold bars, the said five gold bars were concealed by closely sticking to the Defendant’s scopic part by using the sports tape, and then failed to commit an attempted crime without reporting to the customs collector five gold bars (5kg) above amounting to KRW 236,201,622 of the cost of the goods when entering the Incheon International Public Port located in 2851, Jung-gu Incheon International Port of Hong Sea (hereinafter referred to as "Scopic") by boarding red bean UO618 letter, and entering the Incheon International Port in 2851, China-gu, Incheon, China, and then entering the Republic of Korea.

In collusion with I, the Defendant, in addition, from March 28, 2017 to April 20, 2017, at least six times in total, equivalent to KRW 3,264,38,607 (in total, equivalent to KRW 3,570,303,00) of the cost of the goods at least six times, as described in attached Table 1 (i).

The sum of 70 kgs (a total of 70 kg) was attempted to import or export to Korea in red bees without filing a report thereon with the customs collector.

Defendant B (Defendant B) is on the first floor of the K Building in Jung-gu, Seoul.

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