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(영문) 창원지방법원 진주지원 2014.06.19 2013고정780
관세법위반등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The facts charged in this case

A. (1) From January 8, 2011 to October 24, 2012, the Defendant purchased, from the above F, etc., an amount equivalent to KRW 172,509,00 in the market price of used domestic agricultural products (such as green, rate, lux, lux, etc.) purchased from a one-person Bohal, without filing a report thereon with the Minister of Food and Drug Safety via 85 times, as shown in attached Table 1, from E in the D market located in Ji-si, Jin-si. to 201.

(2) On November 2, 2012, at around 16:15, the Defendant purchased, and stored, in the warehouse, any of the above F, etc., domestic green storage (5kg) 49 kg, 67 kh (5kg), 10 kh (5kg), 10 kh (5kg), 10 kh (5kg), and 10 kh from the aforesaid F, etc. for sale.

B. The Defendant in violation of the Customs Act purchased and acquired, at the above date, at the above time and place, heavy agricultural products (such as green, rate, lux, lux, etc.) equivalent to KRW 172,509,00 at the market price purchased by F, etc. without filing a report with the head of the customs office.

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

B. Among the evidence submitted by the prosecutor, the remaining evidence, excluding the witness F’s legal statement, among the evidence duly examined as evidence, is merely evidence of the fact that the defendant sold or stored domestic agricultural products for which the import declaration was not filed with the Minister of Food and Drug Safety pursuant to Article 19(1) of the Food Sanitation Act, and the witness F’s legal statement is the above agricultural products F.

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