대외무역법위반등
The prosecutor's appeal is dismissed.
1. According to the prosecutor’s summary of the grounds for appeal, the prosecutor’s statement by the Chief of the National Fisheries, Agriculture and Fisheries Quarantine and Inspection Headquarters H, the importer’s statement, and the F company I’s statement, it is inevitable to view the Defendant’s store imported by China as a disguised North Korean product through Chinese business operator, and according to the police interrogation protocol on the Defendant’s suspect, the respondent was aware that the Defendant was not a serious domestic product.
Nevertheless, the court below acquitted the defendant, and there is an error of law that affected the conclusion of the judgment due to misunderstanding of facts.
2. Determination
A. The summary of the facts charged in the instant case is a person who runs a fishery products sales business under the trade name of Chuncheon City C.
No trader or distributor of goods, etc. shall make a false or misleading indication of origin.
Nevertheless, the Defendant was unable to import the North Korean fishery products in accordance with the government's measures to refrain from the trade in North Korea (title 5,24 measures) after the incident of the storm in North Korea, and the Defendant agreed to import the North Korean Free Trade Zone into the Republic of Korea upon request from E, who is a Dr. Dr. in the China-U.S. case.
The Defendant intended to import North Korea Industrial Complex into the Republic of Korea and entered into a bank L/C agency contract (credit transaction) with the F Company (Representative G). On June 8, 201, the Defendant imported North Korean Industrial Complex 15,000 kilograms (120,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,
6.15.15.15,000km (120,000,000,000,000) for the same year.
6. The country of origin was falsely expressed in China by bringing 45,000 g (total market value of 15,200,000,000 g) into the Chinese short port through the Chinese short port and Incheon port, over three occasions, including Do Do Do 15,00 g (120,000,000 g).
B. Judgment of the court below.