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(영문) 인천지방법원 2014.09.26 2014고합467
특정범죄가중처벌등에관한법률위반(관세)
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

The name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree, shall be reported to the head of the relevant customs office.

Nevertheless, around April 2014, the Defendant, at the Chinese heart, received a proposal that “to transport gold bars to and from the Republic of Korea, bring them back to and from the face, to the face of the country, and to pay the premium and the premium to the Republic of Korea,” and tried to import gold bars closely.

On June 18, 2014, the Defendant, at the departure port of China, delivered six gold bars (No. 1) and six gold bars (No. 2) with a black tape from a person who was sent by the above C, at the departure port of China, and attempted to import gold bars by inserting six gold bars into the Incheon State’s port as of June 18, 2014, without filing a report after arrival at the Incheon State’s port as of Incheon Jung-gu, Jung-gu, Incheon. However, the Defendant attempted to import gold bars in a way of concealing the said aircraft passengers by inserting six gold bars into a toilet installed by the prosecutor of the customs house. However, the Defendant attempted to escape with the wind discovered by the customs house but attempted to escape and have been discovered to employees of the customs house.

Accordingly, the Defendant intended to import gold 6 km equivalent to KRW 277,908,00 ( KRW 183,141,372) of the domestic wholesale price, but attempted to import gold 6 km.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A report on investigation (exploitation of no merchant), photographs, personal belongings declarations, investigation reports (the details of telephone conversations with related persons), and written appraisal at the time of detection;

1. Application of Acts and subordinate statutes to a protocol of seizure (record No. 38 pages);

1. Article 271 (2), Article 269 (2) 1, and Article 241 (1) of the Act on the Punishment of Crimes and Articles 271 (2), 269 (2) 1, and 241 (1) of the

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing below);

1. Reasons for sentencing under the main sentence of Article 282 (2) of the Customs Act;

1. The scope of punishment by sentence: Imprisonment for not more than five years;

2. The sentencing criteria shall not be set up within the scope of recommendations on the sentencing criteria;

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