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(영문) 인천지방법원 2020.01.14 2019고단8003
관세법위반
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, upon receiving a proposal from B introduced by the ter to the Republic of Korea for the payment of the gold bars to the Republic of Korea without filing an export declaration, was willing to import gold bars in China by inserting 200 g balls in the port text where metal detection is difficult, and passing through the security screening unit.

When the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree are to be exported, imported or returned, such goods shall be reported to the head of a customs office.

Nevertheless, around August 15, 2015, the Defendant imported 33 km of total market price of KRW 1,526,250,000 in total in 33 times from January 21, 2016, when entering the Incheon Airport using Cair D, and having received a request for transportation from B, in the same manner as the price of KRW 46,695,00,000 in total, was sealed in five gold bars of KRW 1,526,250,00 in total.

Accordingly, the defendant imported gold in collusion with the customs collector B without reporting it to the customs collector.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of E (Duplicate);

1. Investigation report (a suspect A entering or departing from Korea);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 269(2)1 and Article 241(1) of the Customs Act, Article 30 of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The value and size of the gold bullion imported with the reason for sentencing under Article 282(3) and (2) of the Customs Act, and the method of committing a crime are not good.

However, it is against the defendant's recognition of all crimes.

The role of simple transport measures is to serve as simple transport measures.

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