관세법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that Defendant A did not make a consistent statement on the purpose of remitting money to China and the place of using money, and there is no credibility of the content of the Defendant A’s defense, and according to the evidence submitted by the Prosecutor, the facts charged in this case should be sufficiently recognized, but the lower court accepted the Defendants’ defense suit and acquitted the Defendants of the facts charged in this case. Thus, the lower court erred by misapprehending the facts
2. The lower court rendered a not-guilty verdict on this part of the facts charged while its detailed statement of the grounds for its determination, and based on the evidence duly adopted and examined by the lower court, especially the invoice and transcript submitted by the Defendants, and the statement of the witness M, etc. by the lower court, it cannot be deemed that the facts charged in the instant case were proven to the extent that there is no reasonable doubt, and therefore, the lower court did not err in matters of mistake of facts
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.