특정범죄가중처벌등에관한법률위반(관세)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Of the facts charged in this case, October 5, 2013.
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of legal principles and misconception of facts, since the defendant was offered to transport the smuggling from I and transported L and the gold bullion already brought into the Republic of Korea from M, and did not import the gold bullion in collusion with I.
B. The lower court’s sentence on the Defendant of unreasonable sentencing (two years and six months of imprisonment and fine of KRW 3,672,370,774) is too unreasonable.
2. Before the judgment on the grounds for appeal by the defendant's authority is made, the prosecutor ex officio prior to the judgment on the grounds for appeal by the court of this case, with respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter "the Aggravated Punishment, etc. of Specific Crimes Act"), the name of the crime is "violation of Customs Duties" from "Violation of the Aggravated Punishment, etc. of Specific Crimes Act", "Article 6 (2) 2 of the Aggravated Punishment, etc. of Specific Crimes Act", the main sentence of Article 269 (2) 1 and Article 241 (1) of the Customs Act, and Article 30 of the Criminal Act", "Article 274 (1) 1 and Article 269 (2) 1 of the Customs Act", and the prosecutor applied for permission to amend the indictment with each of the following ancillary contents, and since the court of this case was changed by permission, the judgment below
However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still meaningful.
[Preliminary revised facts charged] The Defendant is a person who runs gold and silver industry with the trade name of "F" in Jongno-gu Seoul Metropolitan Government, a person who runs precious metal wholesale business with the trade name of "H" in subparagraph 6 of the Seoul Jongno-gu G shopping district, and I is a person who operates "K of a stock company (in the case of a stock company, the name of "stock company" is omitted)" in the Jung-gu Incheon Metropolitan Government, and L and M are with Korea.