2010 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Customs Duties)

1.OO (590000 - 10000) and △△△△△ representative;

Seoul Housing Jongno-gu (hereinafter referred to as "Guro-gu")

Dog-in, west-gun, Chungcheongnam-gun (hereinafter omitted) in the place of registration;

2. 650000 - 100000), public officials;

Housing Jung-gu Incheon (hereinafter referred to as "Housing Jung-gu")

[Attachment] North Korea (hereinafter referred to as "North Korea") in Yanananan-si in the place of registration

3.2 (720000 - 1,000) and public officials;

Housing Jung-gu Incheon (hereinafter referred to as "Housing Jung-gu")

Reference domicile Incheon Yeonsu-gu (hereinafter referred to as "Seo-gu")

4. Magire (70000 - 10000), Magire

Haak-si, Haak-si, Haak-si (hereinafter omitted)

Reference domicile in Dongdaemun-gu Seoul (hereinafter omitted)

J. H. H. H. H.

Law Firm member, Attorneys Ha-soo (Defendant 1)

Law Firm Pyeongmun, Attorney Park Byung-hee (Defendant 2 and 3)

Attorney Lee In-bok (for Defendant 4)

March 24, 2010

Defendant 1 and 2 shall be punished by imprisonment with prison labor for one year and six months, by fines for 1, 341, 095, and 00 won, by imprisonment with prison labor for each of them, and by imprisonment with prison labor for each of them

A person shall be punished by imprisonment for 670, 547, and 500 won, respectively.

10,000,000 won shall be converted into one day when the Defendants did not pay the above fines.

Defendants shall be confined in a workhouse: Provided, That the fractional amount shall be one day.

Number of detention days prior to the rendering of this judgment, 60 days each for Defendant 1, 2, and 3 for Defendant 3.

for 2 days, for Defendant 4, 61 days shall be included in the period of detention in the workhouse.

of this section.

However, the execution of each of the above imprisonment with prison labor against the Defendants is suspended for two years from the date this judgment became final and conclusive.

Seized gold bars (1 kilograms) 30 (No. 1) and one uniform (No. 2) shall be forfeited from Defendant 1 and 4

of this section.

To order the Defendants to pay an amount equivalent to the above fines.

Criminal facts

When it is intended to export goods, the name, standard, quantity, price, etc. of the relevant goods shall be reported to the head of the customs office.

Defendant 1: (a) with the intention of gaining profits from smuggling to Japan by taking advantage of the difference between the Republic of Korea and Japan; (b) with the consent of Defendant 4 by proposing that the gold be exported to Japan; (c) with the consent of Defendant 4, Defendant 2, a police officer belonging to the Incheon International Airport Police Organization, known to ordinary places of view, discovered about 30 gold bars and rings of approximately 1kg, and carried the gold bed into the departure place; and (d) with Defendant 4’s intention to bring the gold bed KRW 150,00 to KRW 20,000, and KRW 400, the gold bed to the above departure place; and (e) with Defendant 4’s intention to take the role of having the above gold to receive KRW 50,00 from the above head of the Incheon International Airport; and (e) with Defendant 1’s consent to receive KRW 50,000 from the police officer of the Republic of Korea.

Defendant 2, Defendant 3, at around 07: 55 on January 22, 2010: At around 07: 1, 2010, Defendant 2 did not report to the head of the relevant customs office at the port of departure No. 1 of the Incheon International Airport No. 3, which is located in Jung-gu Incheon International Airport No. Gapo-dong, and Defendant 3 used the route of exclusive use for employees, and Defendant 3 was arrested to the special judicial police officer of the Incheon International Airport Customs, even though Defendant 4 attempted to put this into the documents and to take them out of the toilets of the fourth floor of the fourth floor of the year following Defendant 2, who was making a disguised use of the uniforms in which the said leader was put, and she was arrested to the special judicial police officer of the Incheon International Airport Customs.

Accordingly, the Defendants conspired to export approximately 30 fake gold bars (total weight 29.98km) equivalent to KRW 1,341,095,000 at the cost of the goods without filing a declaration with the customs collector, and attempted to export approximately 30 foot gold bars (total weight 29.98km).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement made by a judicial police officer with respect to ○○○, ○○, and ○○○;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 6(7), (3), and (6)3 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 271(2), Article 269(3)1, and Article 241(1) of the Customs Act; Article 30 of the Criminal Act (each imprisonment and 10 fines) concurrently

1. Discretionary mitigation [Defendant 3, 4]

Articles 53, 55(1)3, and 6 of each Criminal Code (see, e.g., Articles 55(1)3 and 55(1)6) of the Criminal Code

Articles 70 and 69(2) of the Criminal Code

1. Inclusion of days of pre-trial detention;

Article 57 of the Criminal Code

1. Suspension of execution;

Article 62 (1) of the Criminal Code (The following extenuating Conditions in Sentencing)

1. Confiscation [Defendant 1, 4]

The main sentence of Article 282(2) of the Customs Act and Article 48(1)1 of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The crime of this case was committed by the Defendants after the Defendants conspired to commit the crime in advance and shared their respective roles, and intended to export 30 gold bars equivalent to 1.3 billion won at the market price (total 29. 98kg). The crime was committed in a systematic manner, and the market price of gold bars that attempted to export was large; Defendant 2 and 3, as police officers belonging to the Incheon International Airport Police Organization, were taking part in the smuggling export activities by abusing their status despite their duties to prevent and block the criminal acts like the crime of this case; and in particular, Defendant 2 took part in the smuggling export activities by abusing their status. In particular, it is not good that Defendant 3, a subordinate employee of the Incheon International Airport Police Authority, was involved in the crime of this case.

However, all gold bars, which were attempted to export after committing the instant crime, are confiscated. Defendant 1 did not have the same kind of punishment or imprisonment, Defendant 2 was the first offender with no criminal power, and Defendant 3 and Defendant 4 did not have any specific criminal power, except for those fines imposed once due to the violation of the Road Traffic Act, etc., the Defendants made a confession of all the instant facts charged and divided their mistake in depth. The Defendants did not obtain any particular benefit from the instant crime, and the details and degree of the Defendants’ participation in the instant crime, etc., shall be determined by taking into account all the sentencing conditions stipulated in Article 51 of the Criminal Act, which were revealed in the record.

It is so decided as per Disposition for the above reasons.

Judges Choi Jong-chul

Judges Park Hyun-chul

Judges Shin Jae-sung