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(영문) 청주지방법원 2014.01.28 2013고단1805
관세법위반
Text

Defendant

A and B shall be punished by imprisonment for eight months, and by imprisonment for six months, respectively.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

Defendants are Chinese nationals, who work as tourism guides belonging to the Chinese F travelers.

The Defendants were ambiguous to import gold bars in the form of slives by grifying the Chinese tourists who traveled to Korea between G and the above travel company operator, and Defendant A included Defendant A, among tourists, H, and Defendant B, respectively on the day of its implementation, as transportation measures to prevent the gold bars.

Since then, the Defendants, in collusion with G on November 24, 2013, failed to report to the head of the customs office on November 15:30, 2013, entered the port of Cheongone Star Airport located in the Chungcheongbuk-gun through ZE802, ZE802, and attempted to import it through the customs inspection unit without being discovered in the process of personal search and personal belongings inspection by the customs office and without being able to bring about an attempted attempted to import it into the Republic of Korea without being able to bring about five slot gold bars ( approximately KRW 2,429.1g in weight, approximately 115,785,30 in market price) together with the above H, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol and written accusation against H and I;

1. Application of Acts and subordinate statutes to a written request for investigation, copy of each passport, each photograph, each customs declaration, each seizure protocol, net inspection certificate, and appraisal book;

1. Relevant Articles 272(2), 269(2)1 and 241(1) of the Customs Act, Article 30 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. The sentencing grounds of Article 282(2) of the Confiscation Customs Act reflects the error in sentencing, the fact that there is no record of criminal punishment, and other circumstances such as the motive for the crime of this case, the amount of customs duties to be evaded, the circumstances after the crime, the age, character and conduct of the defendant, family relation, etc. shall be determined as per the disposition;

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