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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 25 million won.
A fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. In fact, misunderstanding of the legal principle that the defendant received cash from H to paid it to the forest processors, etc., but there was no awareness that the defendant would conceal criminal proceeds.
In addition, the amount of one additional collection is specified in accordance with the Customs Law provisions.
It is difficult to see it.
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged and additionally collected KRW 977,746,640 from the Defendant, which erred by misapprehending the rules of evidence or by misapprehending the legal principles on the violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds and thereby adversely affecting the conclusion of the judgment.
B. Even if the sentencing is not unfair, the sentencing of the lower court (the penalty of KRW 2,60,000,000,000,000,000) is too unreasonable.
2. Ex officio determination
A. Before determining the Defendant’s grounds for appeal on the violation of the Customs Act due to smuggling exports, prior to the judgment on the grounds for appeal by the Defendant, the Prosecutor applied for the amendment of the indictment to add ex officio in the trial of the court below that the violation of the Customs Act due to smuggling exports as stated in the facts charged in the judgment below, and the Prosecutor applied for the amendment of the indictment to the effect that “the violation of the Customs Act due to false declaration and price manipulation” was added as stated in the judgment below. The Court cannot be found guilty of the violation of the Customs Act due to smuggling exports, which are the primary facts charged, as stated in the following B. As such, the decision of the court below was changed in the trial of the first instance. In this respect, the judgment of the court below was no longer maintained.
[Preliminary Facts charged] The Defendant is a person operating a clothing export company under the trade name of Jongno-gu Seoul Metropolitan Government “G” in Jongno-gu.
If it is intended to export, import or return goods, the relevant goods.