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(영문) 부산지방법원 동부지원 2018.09.06 2018고단1032
관세법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When it is intended to export, import or return goods, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree, shall be reported to the head of a customs office.

Nevertheless, in 2014, the Defendant: (a) purchased virtual currency “Mcoin” from Malaysia to pay “LR”; and (b) left the Republic of Korea as Malaysia around February 11, 2018, by means of investment in the advertising right of “M PP” company operated by Malaysia, and converting the virtual currency “Mcoin” that was paid as a part of the investment money into the exchange rate; and (c) purchased from Malaysia to import the net gold product with a high compatibility into the Republic of Korea; and (d) left the Republic of Korea as Malaysia around February 11, 2018.

Accordingly, on February 14, 2018, the Defendant purchased 33 points of net gold products (the cost of goods KRW 49,579,029, the market price of KRW 77,954,448) equivalent to approximately 1,476g, such as 33 points of net gold, 6 points of net gold 20 points, 20 points of net gold 40 points, and 4 points of net gold 4,476g from the sales store of net gold products entering the Malaysia (C) and operating in business at the Malaysia, and then came to receive 33 points of net gold products purchased from Malaysia from Malaysia to an international airport for Malaysia on February 15, 2018, and attempted to import them in the course of search at Da-RA.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Requesting an accusation, filing a copy of the report on personal effects carried at the relevant place, filing a criminal investigation report ( accusation), data on articles of association, precious metal appraisal, appraisal report on articles of association, accusation report, accusation report ( CCTV images at the time of submission of the report by the person against whom the report is filed), application of the CCTV video CD-related Acts and subordinate statutes;

1. Relevant legal provisions of the Act and Articles 271(2), 269(2)1, and 241(1) of the Act on the Selection of Criminal Crimes (or Selection of Imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. 33 net gold products worth approximately 1,476g of net gold products for the reason of sentencing under the main sentence of Article 282(2) of the Confiscation Customs Act (the cost of goods 49,579).

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