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(영문) 인천지방법원 2018.02.09 2017고합798
특정범죄가중처벌등에관한법률위반(관세)등
Text

A defendant shall be punished by imprisonment for two years and by a fine not exceeding 1,514,093,492 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to import, export or return goods shall file a report thereon with the head of a customs office on the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree.

E, F, and G agreed to the role of purchasing gold bars to be sealed into Korea from the red bees, E received gold bars from a person designated by G in the red bees, and the role of directly entering Korea from the red bees to the Republic of Korea, or moving from the red bees to the Japanese Airport, and then transferring the gold bars to the Republic of Korea through the refund procedure, and F decided to take over the gold bars imported into Korea to transfer them to F, and disposed of them through the Defendant, and then send the proceeds of the disposal to Hong bees.

1. 1 km from G in the red bean on March 28, 2017 in accordance with the above conspiracy for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Customs Duties)

After having a total of five gold bars (the total cost of goods is equivalent to KRW 228,649,849, and the total market value is 247,50,000,000) enter the Republic of Korea through the International Airport of the Japan at Hong Congo through the Japanese Airport, and without filing a report thereon with the head of the relevant customs office, the gold bars are carried in, and the F shall, at around 00:06 on March 29, 2017, receive it from the head of the relevant customs office and deliver it to the Defendant around 11:00 on the same day, and the Defendant disposed of the gold bars delivered from the F to assist the import of the gold bars to H and I in Seoul.

In addition, G, E, and F imported gold 65 km (in total amount equivalent to KRW 3,028,186,985 in the cost of goods, the total market price of KRW 3,312,408,00 in the total amount of KRW 3,312,408,00) over five occasions from that time to April 14, 2017 by the following methods: (a) from that time, G, E, and F imported gold tightly from F and disposed of it to H and I.

Accordingly, the Defendant was able to facilitate the crime of smuggling import by G, E, and F.

2. The amount equivalent to 10,00 U.S. dollars which violates the Foreign Exchange Transactions Act.

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