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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal changed to the purport that “The defendant merely exchanged the Chinese Republic of Korea to the account in the name of the Republic of Korea upon the request of the person who was known by the introduction of G in China, and then transferred the Chinese Republic of Korea to the account in the name of the Republic of Korea in accordance with the direction of the AW, and did not conspired to commit the crime of cutting-on, and did not transfer the funds.” However, it is difficult to believe this.
On the other hand, L’s statements consistent with the facts charged in the instant case, such as that the Defendant conspiredd with other accomplices to commit a smuggling of approximately 4,058.7g of the instant phiphones and colored the sales of phiphones in China, are credibility in light of the consistent parts despite the long-term investigation.
In full view of the evidence presented by the prosecutor, as shown in the facts charged in the instant case, the facts charged by the Defendant in collusion with E, F, G, etc. to import the instant phiphones from China to the Republic of Korea, and as such, the Act on the Control of Narcotics, etc. (hereinafter “Narcotic Control Act”) against E and F, an accomplice.
It is sufficiently recognized that the facts of perjury have been proven by attending as a witness of the violation case and making an oath, stating false facts.
Nevertheless, the lower court erred by misapprehending the fact that the instant facts charged constituted a case where there is no proof of crime and thereby adversely affecting the judgment.
2. Determination
A. Summary of the facts charged in this case 1) Violation of the Narcotics Control Act (the defendant is not a person handling narcotics).
The Defendant conspireded to import philophones from E, F, G, and China to import philophones, and the Defendant colored a philophones sales book in China, purchased philophones from G to China, and if H, which is the transport book, is the transport book, is discussed overall about G from Hong Kong to China.