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(영문) 인천지방법원 2015.10.15 2015고단4774
관세법위반
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

from the defendant 1.

Reasons

Punishment of the crime

Anyone who intends to export, import 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. On September 17, 2013, at around 18:20, the Defendant entered into the Incheon International Airport located in Jung-gu Incheon International Airport, Jung-gu, Incheon, by means of Part 724, Asia and aviation (OZ) starting from Hong Kong on September 17, 2013, and concealed two gold bars equivalent to 1kg (104,572,60 won at the market price) in a temporary space, and imported smuggling into the Republic of Korea without reporting to the customs office.

In addition, the Defendant: (a) concealed 22 gold bars (market price of KRW 1,068,90,800) in total from around March 7, 2015 by the same method from that time until March 7, 2015; and (b) imported smuggling to Korea without reporting to customs.

2. On March 31, 2015, at around 21:45, the Defendant entered the said Incheon International Airport by inserting two gold bars equivalent to 1kg (93,522,00 won at a market price) into the new bottom of the new airport and did not report to the customs officers to import into the Republic of Korea without reporting to the customs office. The Defendant attempted to import into the Republic of Korea by inserting two gold bars equivalent to 1kg (93,522,00 won at a price).

Summary of Evidence

1. Defendant's legal statement;

1. E-fact confirmations;

1. A written accusation;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to customs declarations, export declaration certificates and commercial invoices, each consumer's entry and departure records, investigation reports (Visits to places of business), the export performance records of F companies, export declaration certificates and commercial invoice/Packing statements, comparison table between the export records of F companies and A, electronic tax invoices, purchase records of tax imposed by F companies (purchase G companies), appraisal certificates, H name bankbooks (new I copies), investigation reports (attached to seized 1k g gold photo) and criminal investigation reports;

1. Article 269 (2) 1, Article 241 (1) (the occupation of smuggling) of the Customs Act for a crime; Articles 271 (2), 269 (2) 1, and 241 (1) (the occupation of attempted importation of smuggling) of the Customs Act for a crime;

1. Selection of imprisonment with prison labor chosen;

1. Aggravation for concurrent crimes;

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