관세법위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The gist of the facts charged is the defendant's accusation in the Chinese Maternity.
is the representative of E exporting the flag.
The name, size, quantity, price, etc. of the relevant goods shall be reported to the head of the relevant customs office.
On February 18, 2016, the Defendant is expected to move in F&C Co., Ltd.
(Mixed Salton Plaste) 24 tons are exported to US$20,400, the name of the cargo list is 45% of the customs duty rate.
As a result of the analysis of goods, it is difficult to see that there should be less than 40% of the red powder powder, not less than two types, such as math and poppy, and not less than 10% of the total weight, and the composition ingredients should be mixed.
Since the conditions of this are not met, it is classified into red powder powder for the item classification, it is necessary to report the rate of duty 270% with red powder powder.
Nevertheless, the name of the defendant is dismissed.
In such a way as to make a declaration to the effect that the F.I.D. attempted to import 24 tons (34,113,600 won in the cost of goods) of red powder powder in the name of the F.I.D., in the process of customs inspection, it was discovered and attempted.
2. Determination
A. The burden of proving the facts constituting an offense prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence with probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006).
(2) The rate of the number of the flag is lower than that of the Republic of Korea;
B. The sending of red paper powder by inserting them more.
‘G’ upon receiving G’’’’’’s order and subsequently exported to the general public.
In addition, the form of molds is added to this period.
of this case, the defendant was found to have been to have been to have been
(3).