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(영문) 부산지방법원 2017.08.17 2017노613
관세법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal found the Defendant A guilty of the facts charged in the instant case even though it did not aim at smugglinging for the purpose of importing red powder powder powder, and the lower court sentenced the forfeiture of red powder powder powder powder, even though it was stipulated that in the case of preliminary import by smuggling, it would not be possible to confiscate it.

The lower court erred by misapprehending the facts and by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The lower court, based on the evidence duly adopted and investigated by the lower court, classified the following circumstances as follows, namely, ① the percentage of passing through the metal net body at 750 m2m2 above the 750 m2m2 m2 in question in the instant case (hereinafter “the instant two-m2 m2”) into “high molds powder powder,” not “high mixed mixedity,” on the ground that the content of the goods that give the characteristics of the various m2 m2, such as the math and the galle, is less than 10%, and ② the Defendants are larger than the size of each m2 in the instant two m2 m2. The instant two m2 is due to the E-m2 of the Chinese manufacturing business entity, and it is difficult to view that the two m2 m3 of the instant two m2 m3 as a product entirely different from the content of the “mix” and the two m3.

However, under the contact with Defendant A, E indicated differently by means of attaching the said Sticks to the center of gambling, and on the gambling room of “mix faith,” in the manner of attaching the said Sticks on the side of the gambling room, and recognized that Defendant A imported the instant two beliefs as if they were “mix faith.”

In addition, the two ideas of this case are different from the ‘mixity' in terms of not only the content of both beliefs, but also the size of the purchaser and the quality of the mixture of materials, so the above arguments are not persuasive, and ③ the Defendants also have different locations from E in relation to the attachment of the Korean signer box.

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