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(영문) 인천지방법원 2013.09.26 2013고단4831
관세법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a public passenger ship D, a popular passenger ship, a Chinese tindo and the Incheon Port in Korea.

If the name, standard, quantity, price, etc. of the relevant goods are to be exported, imported or returned, such goods shall be reported to the head of a customs office

Nevertheless, around May 11, 2013, the Defendant received a proposal from a Chinese person, who is unable to identify his/her personal information in a forum near China’s tindo port, to “Wing to grant KRW 500,000,000 to the Republic of Korea from the Republic of Korea, gold bullion 11 by accepting the proposal.”

On May 12, 2013, at around 15:30 on May 12, 2013, the Defendant boarded D, which is a passenger ship at the Chinese tindo, and concealed the gold leader received from D as above in D’s toilet around 10:0 on May 13, 2013 as a method of breaking it into the Defendant’s inner clothes, and without reporting to the customs office at around 17:17,170,40, the Defendant attempted to import the gold leader of KRW 111,3 km in the process of personal search by the customs office, and attempted to import the gold leader of KRW 177,170,40 in the market price without reporting to the customs office.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A written accusation;

1. Application of the relevant Acts and subordinate statutes to appraisal reports and photographs;

1. Article 271 (2), Article 269 (2) 1, and Article 241 (1) of the Act on the Punishment of Crimes and Articles 271 (2), 269 (2) 1, and 241 (1) of the

1. For the reason of sentencing under Article 282(2) of the Confiscation Customs Act, the crime of smuggling, such as this case, is an disturbance in customs administration, and requires strict punishment due to the poor quality of the crime, and the value of the smuggling imported exceeds KRW 1.7 million, the sentence of imprisonment with prison labor shall be imposed and the fine shall not be imposed in consideration of the fact that the crime is committed committed.

The circumstances after the crime, the motive and circumstances leading to the crime of this case, the age of the defendant, and other favorable circumstances, such as the confession of the crime, the fact that the defendant has no record of criminal punishment, etc.

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