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(영문) 인천지방법원 2017.11.08 2017고단6493
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. When any person intends to import goods, he/she shall report the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree;

Nevertheless, the Defendant, in collusion with B and C, had the intent to keep the gold in an open port and concealed it for the purpose of receiving transportation expenses from them. On December 13, 2015, the Defendant left China through the Incheon International Airport located in Jung-gu Incheon Airport, Jung-gu, Incheon, Incheon, through the Incheon International Airport. On December 14, 2015, the Defendant entered China to Korea through the Incheon International Airport, and entered Korea from China to Korea through the Incheon International Airport, and 200 foots of gold leader 20g.

5 They were brought into Korea without reporting to the head of the customs office in a way of concealing them in his/her port, and then imported 10 km equivalent to 461,175,000 won at the market price from May 19, 2016, from that time to May 10, 2016, as shown in attached Table 1.

2. When anyone intends to export goods, he/she shall report to the head of a customs office the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree;

Nevertheless, the Defendant, in collusion with B and C in the Dtel located in Mapo-gu Seoul Metropolitan Government, departing from Japan through the Kim Mapo International Airport located in Gangseo-gu Seoul Metropolitan Government on March 8, 2016 for the purpose of receiving transportation expenses from them, and departing from Japan through the 200g gold bullion.

5 copies were exported from the time to April 13, 2016 without reporting to the head of the customs office in a way of hiding in his/her port, from the time on five occasions, from the time to the time on April 13, 2016, five gold bars equivalent to KRW 236,340,000 in the market price, as shown in Annex 2 of the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of the current status of A immigration statutes;

1. Relevant Article of the Customs Act and Articles 269(2)1 and 241(1) (the point of smuggling) of the Customs Act for criminal facts; Articles 269(3)1 and 241(1) (the point of smuggling) of the Customs Act; Articles 269(3)1 and 241(1) (the point of smuggling exports) of the Customs Act; and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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