1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On November 16, 2005, the plaintiff was arrested on suspicion of violating the Customs Act and was detained on November 30, 2005 by Busan District Court Decision 2005Kadan4957 on November 30, 2005 and sentenced on December 22, 2005 to a suspended sentence of 2 years and community service 80 hours in imprisonment for the above court. The above judgment became final and conclusive on December 30, 2005 after the lapse of the appeal period.

(hereinafter referred to as "relevant criminal case"). The summary of the criminal facts of the relevant criminal case is as follows: (a) the plaintiff conspiredd to import smuggling domestically through D, which entered Busan Central Port located in Jung-gu, Busan, on November 9, 2005, with the duty rate of 0%, by filing a false declaration; (b) on October 1, 2005, the plaintiff offered that B will sell a straw-in drilling to C, and make the proceeds in cash, and then sold it to the Republic of Korea; and (c) on November 9, 2005, the plaintiff purchased the 47.94 tons of China from Jung-gu, Busan, and then imported it into the Republic of Korea through D, which entered Busan Port located in Busan, with the duty rate of 0% for the above customs duty rate of 0%; and (d) on the next day, the plaintiff took it out to the Republic of Korea, with the intention of selling it to 300 billion won and then accepted the import declaration as 47.84 billion won.

On February 10, 2011, the Plaintiff filed an application for reexamination with the Busan District Court 201 Inventory 1 on the relevant criminal case judgment. On January 9, 2012, the said court dismissed the application for reexamination on the following grounds.

The grounds alleged by the plaintiff do not constitute grounds for retrial under each subparagraph of Article 420 of the Criminal Procedure Act. Thus, there is no ground for retrial in the judgment subject to retrial.

Furthermore, there is a new evidence to acknowledge innocence, and is involved in the institution of a public prosecution or an investigation based on which the public prosecution is based.