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(영문) 인천지방법원 2019.07.18 2018고단7951
관세법위반
Text

A defendant shall be punished by imprisonment for one year.

2,181,256,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On February 9, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for an attempted fraud at the Seoul Western District Court, and the said judgment became final and conclusive on July 27, 2018.

On April 15, 2015, the Defendant received a proposal that “the transport of smuggling from China” from B, which is a total liability for the smuggling import of gold bullion, and consented thereto, and imported gold 44 km (the cost of goods is KRW 41,360,00, market price of KRW 45,980,000) in total from January 15, 2017 to April 26, 2015, without reporting it to the port of Incheon State from China, and imported gold 1 km (the cost of goods is KRW 41,360,000, market price of KRW 45,980,00) in the same manner as indicated in the list of crimes in the attached Form, from January 15, 2017, the Defendant imported gold 44 km (the cost of goods is KRW 1,968,810,00,000, market price of KRW 2181,250,00).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Report on investigation (specific amount of penalty and list of crimes);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (Attachment to judgment of ex post facto concurrent crimes);

1. Article 269(2)1 of the relevant Act and Articles 269(2)1 and 241(1) of the selective Customs Act concerning criminal facts, the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 282 (3) and (2) of the Customs Act;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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