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(영문) 인천지방법원 2017.03.10 2017노84

관세법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, via G, received a copy of the instant bill form from F, and did not know that the instant bill form form was forged.

Therefore, the lower court that recognized the Defendant’s intent on the instant crime is unreasonable.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. 1) The following facts are acknowledged in full view of the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts.

A) Prior to the instant case, the Defendant acquired the head of USD 5,654 with a face value of one million U.S. dollars which is distributed for futures, etc. in the U.S. and sold it to a third party.

B) At the time F, through G, delivered to the Defendant a copy of the check of this case in which the amount of USD 50,000,000 (hereinafter “$”) was given free of charge, the Defendant did not have any particular property as a bad credit, and the Defendant was accused of having been accused of fraud from L on July 30, 2012.

C) Since the departure of the Republic of Korea from the Philippines on August 1, 2012, F maintained a close relationship between the Defendant and the 16-year internal relationship.

Even though there has been no way to send the necessary business funds, etc. to the defendant.

D) In order to provide a copy of the bill-type check of this case as collateral and to identify whether the bank can borrow money, the Defendant received a copy of the bill-type check of this case from G, and at the time of receiving a copy of the bill-type check of this case from F via G, the Defendant received a document proving that the bill-type check of this case was the good issued in the form of the body bank at the body bank with the mother.

In fact, the defendant is against the above bank, etc.