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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Any person who intends to import goods shall file a report thereon with the head of a customs office on the name, standard, quantity, price, etc. of the relevant goods.
Nevertheless, the Defendant was aware of around April 2017.
D From the proposal, “I would make profits from the sale in Korea of gold ingoting, and would make profits from the 10% amount per month if you invest gold ingoting funds.” After receiving a proposal, I would like to invest 1.5 million won per month to D, and then, I would like to directly transport gold ingoting with D, or transport gold ingoting by transporting gold ingoting through the transportation volume offered by the Defendant, such as Hong, E and F.
Accordingly, on May 18, 2017, the Defendant introduced 2 km (a total of KRW 90,920,000 in total of the cost of goods, and KRW 100,122,00 in total of the market price) in the form of auxiliary ship, burner, asphalt, and balling from Honggo to Incheon International Airport, with D, without reporting to the customs office, and brought them into the body, as shown in the attached crime list from around five times to June 16, 2017, the Defendant introduced a total of KRW 12 km (a total of KRW 545,420,00 in total of the cost of goods, KRW 59,753,00 in total of the market price).
Accordingly, the Defendant conspiredd with D, etc. to import gold bars, respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D;
1. A protocol concerning the examination of suspect of the police in relation to D or G (two times, replacement of a police officer);
1. The details of H message (G, I);
1. Application of Acts and subordinate statutes to written appraisal;
1. Relevant Article of the Customs Act and Articles 269(2)1 and 241(1) of the Customs Act, Article 30 of the Criminal Act and the choice of imprisonment, respectively, for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act;
1. The reason for sentencing under Article 282(3) and the main sentence of Article 282(2) of the Customs Act was that the Defendant has smugglinged the gold leader exceeding a total of 500 million won in the market price of the offense five times. The amount and value of the gold leader.