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(영문) 서울고등법원 2015.07.23 2015노1132
특정범죄가중처벌등에관한법률위반(관세)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was unaware of the fact that the goods transported by himself were gold leader, and there was no intention to commit gold leader because he had been unaware of the degree of declaration.

B. The sentence sentenced by the first instance court of unfair sentencing (a 3 years of suspended sentence for 2 years of imprisonment, a fine of 307,570,097 won, confiscation) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the summary of the facts charged is that the Defendant was traveling as Vietnam. Around January 19, 2015, the Defendant accepted the offer that C (C and the Defendant) will take the place of transportation of gold bullion from the name “D”, and that he would take the place of transportation of gold bullion.

After that, on the 20th day of the same month, the Defendant made a special production in the shape of a bridge for travel containing two enormous gold bars inside the frame of Vietnam, a Belgium-welth, and a cell phone with verification plastic tape. The Defendant received from the above C a cellular phone call from the above C to the Republic of Korea, and received from the said C a cellular phone call from the Vietnamn No. 1 to the Republic of Korea, and requested to transport the phone call from the Vietnamn No. 1 to the Republic of Korea.

On the same day, the Defendant received from a person who was unable to know the names of phone calls from the toilets located at the departure port of Vietnam, using a cell phone of the said C, the Defendant received a delivery of 14 or a portable bags with a white paper and a transparent plastic tape.

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.

Nevertheless, the Defendant, at around 06:00 on January 21, 2015, was on board from the Director of the Customs Entry of the 1st floor Incheon International Airport located in Jung-gu Incheon Airport to 271, and entered the Incheon International Airport from Vietnam to 416, and entered the Incheon International Airport without reporting to the Head of the Incheon International Airport.

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