The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. In light of the legal principles, the goods in violation of the Customs Act (hereinafter “gold products in this case”) are goods that the Defendant purchased and possessed at the time of departure from the Republic of Korea instead of smuggling imported in China, and thus, it does not constitute a crime of violating the Customs Act.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of five million won, confiscation) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of legal principles, the following circumstances revealed by the evidence duly adopted and investigated at the court below: (i) The first of the gold products made of the gold products of this case shows the result of the appraisal that the country of origin is China; (ii) the Defendant is unable to present at all materials to support the purchase price or purchase price; and (iii) the gold products of this case are considerably different from the general gold products, and are not suitable for wearing at ordinary times; (iv) the Defendant’s statement that the Defendant left Korea with the gold products of this case is likely to cause theft; and (v) the Defendant’s statement that the gold products of this case were stored in domestic house is not easily acceptable in itself; and (v) the Defendant’s statement that the gold products of this case were sold to the gold industry by purchasing the gold products of this case for more than two years; and (v) the Defendant’s statement that there is no economic reason to recognize the Defendant’s violation of the Customs Act, without reporting the import of this case to the head of the customs office.