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(영문) 인천지방법원 2019.06.12 2019고단2427
관세법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

Defendant, B, C, and D gathered to import gold bars purchased in Hong Kong into Korea by concealing them in the electric kick kickboard ship box and avoiding customs launch.

When it is intended to export, import or return goods, the name, size, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be reported to the head of a customs office

B purchased gold bars equivalent to KRW 102,102,00 at Hong Kong to conceal 2kg and gold bars at the market price of Hong Kong. D purchased gold bars at the office located in Hong Kong, and then put them in the ship box, and re-packaged the same gold bars into the Republic of Korea through Hong Kong logistics company. The Defendant exported the same gold bars to the Republic of Korea through the Hong Kong logistics company. On February 1, 2018, the Defendant: (a) divided the gold bars from the front kick kick gate, which entered in the Republic of Korea at the Republic of Korea; (b) C disposed of gold bars through F operating gold bars at the Hong Kong; and (c) B exchanged the gold bars into Hong Kong to KRW 20,000,000; and (d) B took them out to the Hong Kong customs office from KRW 160,000,000,0000 to KRW 160,000,000,000,000.

Accordingly, the defendant imported gold in collusion with the head of the customs office B without filing a report thereon.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The accusation room, the report on the import of kacks, the imported goods, the list of A customs clearances, the entry and departure records of travelers, and the list of reports on the entry into or departure from

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 269(2)1 and Article 241(1) of the Act on the Punishment of Criminal Crimes and Articles 269(2)1 and 241 of the Act on the Selection of Penalty, Article 30 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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