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(영문) 대법원 2020.05.28 2019도18353
관세법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court found the Defendant guilty of the facts charged in this case and additionally collected KRW 517,842,742 from the Defendant for the domestic wholesale price of the goods, such as Japanese fishery products and food materials, calculated by the market price calculation table.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the calculation of the amount of additional collection under Article 282(3) of the former Customs Act (wholly amended by Act No. 16838, Dec. 31, 2019), and the basic principles of the criminal law, “in the event of doubt,” and “in the interest of the defendant,” and failing to exhaust all necessary deliberations, contrary to what

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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