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(영문) 부산지방법원 서부지원 2018.10.17 2018고단803
관세법위반
Text

A defendant shall be punished by imprisonment for six 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

When it is intended to export, import or return 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, the Defendant, on February 24, 2018, intends to enter the country by wearing in hand or inserting in a bank a gold box purchased from “F”, a sales store for net gold products located in Malaysia, using “E”, which is the shopping point converting B’s “D” into the ratio of conversion and received investment profits, in an international airport located in the Gangseo-gu Busan Airport at 09:30 on February 24, 2018, by using the “E”, which is the shopping point of converting B’s “D” into the ratio of conversion. In addition, the Defendant attempted to enter the country by wearing in hand or inserting in a bank without reporting the sum of five, 60,951,930 won (the cost of goods 36,697,70 won) of the two gold sheets.

X-ray search stands have been discovered through the X-ray search stand.

Accordingly, the defendant did not intend to import goods without filing a declaration with the customs collector, but failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure of police and photographs of articles related to such offense;

1. Copies of a declaration on personal effects of travelers;

1. A written accusation;

1. Application of the Acts and subordinate statutes of precious metal appraisal;

1. Relevant legal provisions of the Act and Articles 271(2), 269(2)1 and 241(1) of the Act on the Selection of Punishment for Criminal Facts, and Articles 271(2), 269(2)1 and 241(1) of the Act on the Selection of Penalty

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case for sentencing under Article 282 (2) of the Confiscation Customs Act is committed on the ground that the defendant was found to have attempted to import any net gold product equivalent to the total market price of 60,951,930 won, and the defendant was found to have attempted to import such product, and the crime is not good, and the defendant was found to have committed the crime of this case, and the defendant's mistake is divided in depth by recognizing the crime of this case, the net gold products that the defendant attempted to import are seized and confiscated, and all favorable circumstances, such as the fact that the defendant had no same power, shall be taken into account, and all other favorable conditions of sentencing specified in the records of this case and the changes thereof shall be taken into account.

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