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(영문) 대전지방법원 2013.04.17 2012노2120
관세법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1 is trade in importing or exporting golf bonds, etc. Defendant A’s employee, and Defendant A’s red ginseng concentration (hereinafter “instant red ginseng concentration”) where Defendant A’s employee did not treat normally.

Since Defendant A sold to Defendant B using the name of Defendant A, Defendant A does not have any relation to the instant crime. (ii) The sentence (a fine of KRW 5 million, an additional collection of KRW 5.5 million, and an additional collection of KRW 5.20,000) imposed by the lower court of unreasonable sentencing is too unreasonable.

B. Defendant B (1) In the misunderstanding of facts, Defendant A acquired the instant red ginseng concentration from Defendant A without knowing that the instant red ginseng concentration was a smuggling that did not pass through a customs house, and it is merely a purchase that is in violation of the law. 2) The sentence imposed by the lower court of unfair sentencing (three million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts: (i) Defendant A received a total of KRW 12,721,500 from Defendant A’s corporate bank account via his corporate bank account; (ii) Defendant B was unaware of H at the time of purchase of the red ginseng concentration; (iii) Defendant A’s mobile phone number (in contact with I) and the name of H was omitted; (iv) Defendant B ordered the red ginseng concentration of this case; and (v) the other party B was the “A President” at the time of ordering the red ginseng concentration of this case; and (v) Defendant A was the horse dumping of the other party at the time of ordering the red ginseng concentration of the red ginseng concentration of this case; and (v) Defendant A was the red ginseng dumping of the other party at the time of birth in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle.

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