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(영문) 인천지방법원 2017.10.12 2017고단5224
관세법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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 C and D, had the intent to keep the gold in an open port for the purpose of receiving transportation expenses from them, left China through the Incheon Airport on July 29, 2015, and entered China on July 30, 2015, and entered Korea from China on July 30, 2015, and 200 foots.

The sum of 1kg, the market price of KRW 45,749,00 in total, 15,749,000, was concealed in the port and brought back without reporting to the head of the customs office. In addition, the sum of the gold amount of KRW 1,568,479,00 in the same way as the list of crimes in attached Form 34 times from July 30, 2015 to January 21, 2016 was sealed in the same manner.

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, using the Kimpo Airport on February 23, 2016, departing from Japan on February 23, 2016, and in collusion with C and D in the Etel located in Mapo-gu Seoul, for the purpose of receiving transportation expenses from those in collusion with C and D.

In five gold bars, the sum of 1kgs equivalent to KRW 48,000,000 was placed in one's port and exported into Japan without reporting to the customs collector.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Investigation report (report on the result of seizure), investigation report (data that printed out text messages containing the seized phone);

1. A written appraisal (market price, smuggling import) and a written appraisal (market price, smuggling import);

1. Application of statutes to a copy of a A pocket book;

1. Relevant Article of the Customs Act and Articles 269(2)1 and 241(1) of the Customs Act, Article 30 of the Criminal Act, Article 269(3)1 and 241(1) of the Customs Act, Article 269(3)1 of the Customs Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, each of the following imprisonment with labor:

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