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Defendant
A shall be punished by imprisonment with prison labor for one year, and by imprisonment with prison labor for eight months.
However, as to Defendant B, this shall not apply.
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.
1. Defendant A
A. A. Around January 16, 2017, the Defendant: (a) concealed five gold bars from a mutual influent telecom in China’s movement into an port; (b) went on the Incheon International Airport in the YU549 letter, and entered the Incheon International Airport in Jung-gu, Incheon into an airport in 272, China; and (c) failed to disclose to the customs collector five gold bars (onekg in total of the costs of goods), which amount to KRW 50,893,700 in total (33,538,948), while entering the port of Incheon International Airport in Jung-gu, Incheon; and (d) failed to disclose to the customs collector the fact that the Defendant attempted to import smuggling by way of entering the customs collector without filing a report thereon.
In addition, from August 1, 2015 to January 16, 2017, the Defendant failed to report to the customs collector a total of 3,021,531,700 won (a total of 1,91,189,390 won of the cost of the goods) equivalent to the total of 3,021,531,70 won (a total of 1,91,189,390 won of the cost of the goods) on a total of 64 occasions by the following methods, and intended to import or smuggling in China.
B. On February 22, 2016, the Defendant: (a) sealed five gold bars in the French-si, Sungnam-do in the port; (b) sealed five gold bars in the port of Incheon International Airport located in Jung-gu, Incheon, Jung-gu, Incheon, into the customs collector; and (c) exported 1 kg of the total market price of KRW 47,880,000 (the same cost of goods) from Korea to Japan by boarding five gold bars in the air at the Incheon International Airport located in 272, Jung-gu, Incheon, China, without filing a report thereon with the head of the customs office; and (d) departing from the Republic of Korea to another airport located in ASEAN.
In addition, the Defendant did not report to the customs collector 13 km of the total market price of KRW 608,410,000 (the same cost of goods) over 13 times from February 22, 2016 to April 28, 2016 by the following methods: (a) the Defendant did not report to the customs collector 13 km in Korea.