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(영문) 인천지방법원 2017.11.10 2017고단6569
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

1. When any person intends to import goods, he/she shall report the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree;

Nevertheless, the Defendant, in collusion with B and C, had the intent to keep the gold in an open port and concealed it for the purpose of receiving transportation expenses from them. On December 9, 2015, the Defendant left China through the Incheon International Airport located in Jung-gu Incheon Airport, Jung-gu, Incheon, Incheon, through the Incheon International Airport. On December 10, 2015, the Defendant entered China to the Republic of Korea through the Incheon International Airport, and entered Korea from China to the Republic of Korea through the Incheon International Airport, and 200 foot of gold leader.

5. The five items were introduced into Korea without reporting to the head of the customs office in a way of concealing them in his/her port, and the following items were imported six times from that time to May 19, 2016 at the market price of 280,093,000 won from that time, from that time.

2. When anyone intends to export goods, he/she shall report to the head of a customs office the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree;

Nevertheless, the Defendant, in collusion with B and C in the Dtel located in Mapo-gu Seoul Metropolitan Government, departing from Japan through the Kimpo International Airport located in Gangseo-gu, Gangseo-gu, Seoul on March 2, 2016 and departing from Korea to Japan through the 200g gold bullion 38, Gangseo-gu, Seoul.

5 . At least six times from that time to April 13, 2016, 6 kg of gold bars equivalent to the market price of KRW 284,100,000, as shown in Appendix 2, including those exported tightly after sunset without reporting to the head of the customs office in a manner concealing one’s port.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. A written accusation;

1. Inquiries about the current status of entry into and departure from Korea by traveler (five times a month);

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 269(2)1 and Article 241(1) of the Customs Act, Article 30 of the Criminal Act, Article 269(3)1 of the Customs Act, Article 269(3)1 of the same Act, each of which constitutes a crime.

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