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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, upon introducing B through the bub, proposed that he would pay gold bars to Japan from Korea to Japan or from China without filing an export declaration from B, and received a proposal from the bubs to bring the gold bars into the port in which metal detection is difficult and passed through the security screening stand, with a view to smuggling import and smuggling export.
When the name, standard, quantity and price of the relevant goods and other matters prescribed by Presidential Decree are to be exported, imported or returned, such goods shall be reported to the head of a customs office.
1. On July 19, 2016, the Defendant exported five gold bars of the total market price of KRW 53,570,000 in the unit of KRW 200,00 in the market price of KRW 53,570,000 (total 1kg) from the Incheon official port via C company D to the Do of Japan in the same manner as shown in the attached Table 1 of the crime day list, from that time, to November 13, 2016, the Defendant sealed eight gold bars of the total market price of KRW 418,08,00 in the same manner as shown in the attached Table 1.
Accordingly, the Defendant conspired with the customs collector B and exported gold bars without filing a report thereon.
2. Around October 21, 2016, the Defendant: (a) entered the Incheon Airport via E company F in the Republic of China, and imported five gold bars (total 1kg) in five gold bars at 200g unit of 50,908,000, in the market price of which transport was requested by B, from around October 21, 2016; and (b) imported gold bars at 23 kilograms in the same way as shown in attached Table 2 of the crime list by April 1, 2017, from that time, from that time, by concealing five gold bars at the market price of 50,908,000 won.
Accordingly, the defendant imported gold in collusion with the customs collector B without filing a report thereon.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of the protocol of interrogation of the police officer G;
1. The accusation, the investigation report (No. 2), the list ofH passengers, and the investigation report (No. 6,9);
1. Application of Acts and subordinate statutes to written appraisal;
1. Criminal facts;