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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant, not having imported domestic LPE television, but only imported PE monitoring and television parts. Therefore, there is no reason to submit a certificate of self-declaration of safety verification for domestic LPE television for customs clearance.
The Defendant, at the request of a customs company, did not know about the submission of documents, because he/she had a certificate of self-verification of safety, which was issued by a domestic and medium-Korea LED monitor, was conducted entirely by a customs company.
It is sufficient to submit a certificate of self-certification of safety because the defendant's import is a medium country monitoring.
Therefore, the judgment of the court below which found the defendant guilty of violating the Customs Act should be pronounced not guilty, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The lower court’s sentence (an amount of KRW 20 million) against an unfair defendant in sentencing is too unreasonable.
2. Determination:
A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of fact, the defendant reported that he imported domestic LPE television to the Incheon Customs Office and imported it (the defendant reported it at the request of the Incheon Customs Office).
Even if there is no change in the defendant, the defendant did not have a certificate of self-verification of the domestic LPE television, and could not submit it, and it is recognized that the defendant submitted a certificate of self-verification of the domestic LPE television and the certificate of self-verification of the domestic PED monitoring to be cleared.
According to the above facts of recognition, it can be fully recognized that the defendant violated the Customs Act, so the defendant's assertion of mistake of the above facts is without merit.
B. As to the unfair argument of sentencing, a summary order of KRW 30 million was issued to the defendant at the beginning.