logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.08.12 2020고정808
관세법위반
Text

Defendant shall be punished by a fine of 7.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On July 5, 2018, the Defendant was sentenced to imprisonment with prison labor for 4 months and one year of suspended execution for violating the Electronic Financial Transactions Act at the District Court for the violation of the Electronic Financial Transactions Act and the judgment became final and conclusive on July 13, 2018.

【Criminal Facts】

The Defendant, without filing an export-import declaration from B, proposed that he would pay gold bars to China when transporting them from China to Korea without filing an export-import declaration, put the gold bars of 200g unit in a port that is difficult to detect metal and brought them into Korea in a way of passing through a security screening stand.

When the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree are to be exported, imported or returned, such goods shall be reported to the head of a customs office.

Nevertheless, around March 15, 2017, the Defendant: (a) concealed five 200g unit gold bars (total 1kg) equivalent to the market price of KRW 49,016,000, which was requested to transport from the Incheon Airport using Part C in the Chinese Syle, into the Incheon Airport; and (b) imported five kg in the same way as the market price of KRW 148,104,00,00 in total three times from that time until March 29, 2017, as indicated in the attached list of crimes.

Accordingly, the defendant imported gold in collusion with the customs collector B without reporting it to the customs collector.

Summary of Evidence

1. A written investigation report on the copy of the protocol of suspect examination of the police as to the defendant's court statement D (Evidence Nos. 8);

1. Previous convictions: Inquiry into criminal investigation records, the summary of case agreement and auxiliary meetings, and the application of statutes;

1. Relevant Articles 269(2)1 and 241(1) of the Customs Act and Article 30 of the Criminal Act concerning criminal facts which are applicable to the choice of applicable laws and punishment;

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

1. The provisions on restricted aggravation with respect to concurrent fines in Article 38(1)2 of the Criminal Act shall apply to a person who commits an act in violation of the former part of Article 37 of the Criminal Act and the penal provisions of Article 278 of the Customs Act among concurrent crimes;

arrow