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(영문) 인천지방법원 2015.10.29 2015노1839

관세법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that Defendant B, in collusion with Defendant B, only loaded used cars and did not engage in or proceed with smuggling or illegal export of used cars, the lower court convicted the Defendants by misunderstanding the facts.

2. The lower court acknowledged the following circumstances based on the evidence duly adopted and investigated by the lower court: (a) Defendant B loaded used cars for export from January 201 to around A’s request; (b) Defendant B confirmed the number of used cars to be loaded in contact with Defendant B; and (c) obtained export declaration certificates or export declaration forms, strings, and seals from Defendant B and then loaded them in the order of shipment; and (d) Defendant B demanded export declaration certificates, etc. for used cars with no export declaration certificates, etc. during shipment; and (e) Defendant B demanded export declaration certificates, etc. for the relevant used cars to be loaded into A; (c) Defendant B, upon the request of another used cars, had loaded the used cars for export; (d) Defendant B was indispensable to complete the smuggling export or illegal export; and (e) Defendant B was in charge of loading the used cars, and (e) Defendant B’s act of exporting or importing them to the extent that they were not aware of the circumstances or practices at the time of their shipment; and (e) Defendant B’s act of exporting or importing them.