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(영문) 서울고등법원 2018.08.08 2018노717
관세법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) is as follows: (a) the Defendant conspireds with I, etc. to import 51 goods in addition to the list of annexed crimes; and (b) participated in the commission of the crime of smuggling import by dividing the goods into and entering the Republic of Korea with I, etc. as stated in the facts charged in the instant case; (c) the Defendant is liable to commit the crime of smuggling import of all 51 goods totaled of KRW 33,3640,000 in the cost of the goods, together with I, as a joint principal offender.

Nevertheless, the court below erred by misunderstanding the facts and misapprehending the legal principles that found the Defendant not guilty of the charges of this case against the Act on the Aggravated Punishment, etc. of Specific Crimes (Customs Duties).

2. The prosecutor ex officio judgment (revision of indictment) applied the applicable law to the name of the defendant as "violation of the Customs Act", and applied law to "Article 269 (2) 1 and Article 241 (1) of the Customs Act, Article 30 of the Criminal Act, Article 282 (2) and (3) of the Customs Act, and Article 282 (3) of the Customs Act" under the facts charged. The prosecutor applied an application for modification of indictment with the contents that the defendant changed to the following re-written indictment. Since this court permitted it, the judgment of the court below was not maintained in this respect.

However, the prosecutor's assertion of misunderstanding the facts and misapprehension of the legal principles is still subject to the judgment of this court, despite the existence of the above reasons for reversal of authority.

[Revised facts charged] The defendant is the representative of the G LU which conducts advertising and marketing agency business, and D is a person who operated a "F" which sells master crafts, etc. in Gangnam-gu Seoul Metropolitan Government E, while H is a person who is not a branch of D.

Any person who intends to import goods shall file a report thereon with the head of a customs office on the goods, size, quantity and other matters prescribed by Presidential Decree.

On February 25, 2015, the Defendant conspired with D, H, I, and J to import a high-priced number of foreign scenic items, such as a high-priced range of sights, and concluded on February 25, 2015.

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