Calculators & Self-ChecksProsecution Request Estimator
Importing or exporting prohibited goods (smuggling): statutory penalty and likely requested sentence
The statutory penalty for Importing or exporting prohibited goods (smuggling) and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 7 years in prison or a fine of up to KRW 70 million
- Legal basis
- Customs Act, Articles 269(1) and 234
- Category
- Finance · Customs Act
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
Summary fine
Small-scale cases involving obscene material and the like may lead to a requested fine.
Formal trial (prison sentence requested)
- Likely requested sentence
- 2 years or more in prison
Notes
- Smuggling drugs is punished more heavily under the Act on the Control of Narcotics, etc.
Frequently asked questions
- Importing or exporting prohibited goods (smuggling): what is the statutory penalty?
- Legal basis: Customs Act, Articles 269(1) and 234. Statutory penalty: Up to 7 years in prison or a fine of up to KRW 70 million.
- Importing or exporting prohibited goods (smuggling): how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered, Summary fine, Formal trial (prison sentence requested). Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
- Smuggling imports (importing without declaration or declaring different goods)
- Acquiring, transferring, transporting or storing smuggled goods
- Smuggling goods out of Korea (exporting without declaration or under a false declaration)
- Customs duty evasion (false declaration of price or tariff rate)
- Forging or altering access media
- Concealing or disguising criminal proceeds
- Receiving criminal proceeds
- Financial transactions in another person's name for illegal purposes, or arranging them
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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