The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal (fact-finding) the fact that the Defendant conspired with B and intended to import the checks equivalent to USD 1,250,000 without filing a declaration with customs office as stated in the facts charged in the instant case can be acknowledged.

However, since the court below found the charge of this case not guilty on the ground that there is no proof of crime, there is an error of misconception of facts in the judgment below.

2. Determination

A. The summary of the facts charged in the instant case is to import into the Republic of Korea means of payment exceeding 10,00 U.S. dollars, etc., shall be reported to the

Nevertheless, around March 18, 2017, the Defendant attempted to import three checks (one sheet in the United States, one sheet in the United States, one sheet in the United States, one sheet in the process of receiving USD 1,250,000 (one sheet in the United States, one sheet in the United States, and one sheet in the United States, one sheet in the United States, one sheet in the process of receiving USD 350,000 (one sheet in the United States, one thousand US dollars 1,414,625,000) from B located in the United States, which was known to the special judicial police officer of the Incheon Customs, without reporting to the customs office.

B. On the grounds indicated in its reasoning, the lower court acquitted the Defendant of the instant facts charged on the ground that: (a) there is no evidence to acknowledge that B voluntarily sent the check to the Defendant via express shipment; and (b) there is no other evidence to support that the Defendant did not report through prior contact with B and intended to import the U.S. check into Korea.

C. The prosecutor bears the burden of proving the facts charged in the criminal trial for the judgment of the court for the trial. The conviction is based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, there is no doubt about the defendant's guilt.

Even if there is no choice but to judge the interests of the defendant.

Supreme Court Decision 201Da45888 Decided January 2, 2010