The defendant shall be innocent.

1. No one who is a summary of the facts charged shall import foreign goods without meeting requirements for permission, approval, recommendations, certification or other conditions necessary for import under Acts and subordinate statutes or import them by satisfying such requirements and conditions by fraudulent means;

Nevertheless, on January 29, 2014, the Defendant imported AMFTROE (3-AMINO-1, 2, 4-TRIZE) 2,000 g, a domestic toxic substance without filing an import declaration of toxic substances.

2. The assertion and judgment

A. In light of the content and nature of the Defendant’s duties in the Defendant’s changing summary corporation B (hereinafter “B”), and the business system of B related to the import clearance, etc., the Defendant, as stated in the instant facts charged, was located in a location where it is impossible to identify that the above chemical was subject to the import declaration, and thus, the Defendant did not have any intent to commit a crime of violating the Customs Act.

B. In light of the following circumstances, in full view of the records of this case and the purport of the entire pleadings, it is insufficient to recognize that the Defendant, as stated in the facts charged, knew that the above chemical was subject to the import declaration of toxic substances while the Defendant, as stated in the prosecutor, did not have any negligence in importing the chemical, and without such import declaration, illegally imported the above chemical, and there is no other evidence to acknowledge it.

① Around 2002, the Defendant joined B, and around 201, he/she took charge of affairs related to the customs clearance of chemical substances in the above company.

From the beginning of entry into B, the Defendant did not major in the chemistry, and was in charge of accounting or corporate management that is irrelevant to the chemical knowledge from the time of entry into B to the time of taking charge of the above import clearance affairs.

(2) The B service systems related to the importation of chemicals shall be as follows:

First, as a major in the chemical system, the chemical substance is imported by the business department to which many employees who have professional knowledge about the chemical substance belong.