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(영문) 서울고등법원 2013.11.29 2013노1921
특정범죄가중처벌등에관한법률위반(뇌물)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

168,549,00 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles regarding E's entry into and departure from the country of destination or Hong Kong; E's entry into and departure from the country of gold leader is impossible without a customs officer's aid; therefore, E's initial arrival of and departure from the country of destination or Hong Kong is due to the fact that E's initial arrival and departure from the country of destination or Hong Kong from the point of origin of the crime; E's initial arrival and departure from the country of destination or Hong Kong from 006 to 207; E's testimony was made from 07 years prior to the entry into and departure from the country of destination or Hong Kong; E's entry into and departure from the country of destination or Hong Kong; and C's testimony was made from 07 years prior to the entry into and departure from the country of destination or Hong Kong; and Q's testimony was made from 07 years prior to the entry into and departure from the country of destination or Hong Kong.

B) According to the statement Nos. 1 and 3 of the List of Crimes Nos. 2 and 1 and 3, when the defendant was admitted to the detention house, the defendant did not make a statement that he had access to the detention house and made departure and entry into the Republic of Korea once calculated each time, and made a false statement or request that 2 million won per time calculated by combining entry into and departure from the Republic of Korea, and made a false statement or request that she made a false statement. TheO introduced and introduced the defendant to the defendant to carry out smuggling (or to carry in smuggling), but even before the instant case, he paid the amount to the defendant in return for the smuggling. In order to bring the gold reported to the Republic of Korea, the defendant did not follow the procedures such as an import declaration, and carried the gold bullion reported to the Republic of Korea without undergoing such procedures.

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