관세법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year and a fine of fifty thousand won.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal is that the Defendant filed a false report on the import declaration with the yellow bean (YLOW SOE YBE FOR BE SPUTS) but merely filed a false report on the name of the country, bean or bean (OTSS) (OTSS). Thus, the Defendant cannot be deemed to have imported goods different from that of the import declaration. Thus, the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the legal doctrine or adversely affecting the conclusion of the judgment.
2. Prior to the judgment on the grounds for appeal by the defendant's authority, the prosecutor maintains the facts charged, which was the object of the judgment of the court below, and applies for an amendment to the indictment, which is added to the following facts charged, as a preliminary charge, and since this court permitted it, the judgment of the court below cannot be maintained further in this respect.
3. The defendant's assertion of mistake or misunderstanding of the legal principles as to the charge of violating the Customs Act (which became the primary charge in the trial) due to smuggling is still subject to the judgment of this court, even though there are grounds for reversal of the above authority in the judgment of the court below as to the grounds for appeal by the defendant.
A. The summary of the facts charged is that the Defendant runs an agricultural product brokerage business under the trade name “C” in Changwon-si, Changwon-si, Changwon-si.
When it is intended to export, import or return goods, the name, standard, quantity, price, etc. of the relevant goods shall be reported to the head of a customhouse and the goods shall not be sealed by filing a declaration on goods different from the actual imported goods.
On March 5, 2013, the Defendant is the Korea Agricultural and Fisheries Food Corporation to which 5% of the customs duty can be applied to the volume of market access.