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(영문) 인천지방법원 2020.01.21 2019고단9352
관세법위반
Text

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 receiving a proposal from B to B for an import and export declaration, proposed that the gold leader will be paid from China to Korea or from Korea to Japan in return for the transfer of the gold leader from Korea, and the Defendant was willing to export and import the gold leader from China to Korea by inserting the 200g class gold leader into the port in which metal detection is difficult, and passing through the security screening stand.

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. Around August 13, 2015, the Defendant: (a) imported three gold bars at 200g unit of 28,017,000, the market price of which is at least 200,000 won (total 0.6kg) of the market price, when entering the Incheon Airport via Cair D in Cheongdo; and (b) imported gold bars at 29 times in total, including the sum of 805,153,80 won in the market price, from January 26, 2016 to January 26, 2016.

Accordingly, the defendant imported gold in collusion with the customs collector B without reporting it to the customs collector.

2. From July 12, 2016 to August 23, 2016, the Defendant: (a) sealed three gold bars of KRW 32,940,60 of the market price of KRW 32,90,600 (total 0.6kg) in the face of the port in which he/she received a transport request from B while departing from the Republic of Korea via EF from Incheon; and (b) exported three gold bars of KRW 96,729,600 of the market price in total three times from that time to August 23, 2016 in the same manner as the list of crimes in the attached Table 2 (Smuggling).

Accordingly, the Defendant conspiredd with the customs collector B and exported gold bars without filing a report thereon.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol of G and H;

1. Investigation report (suspect A's entry into and departure from Korea), and inquiry by accompanying aliens A1.

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