The case reversing the judgment of the court below on the ground that the facts charged against the violation of the Customs Act (the fact that the Switzerland scrap metal was exported without a license) committed an error in the rules of evidence and incomplete hearing

The case reversing the judgment of the court below on the ground that the facts charged against the violation of the Customs Act (the fact that the Switzerland scrap metal was exported without a license) committed an error in the rules of evidence and incomplete hearing

Article 308 of the Criminal Procedure Act, Article 181 of the Customs Act

Defendant

Prosecutor

Busan District Court Decision 89No918 delivered on May 11, 1990

The judgment below is reversed, and the case is remanded to Busan District Court Panel Division.

As to the Prosecutor’s Grounds of Appeal

The facts charged of this case are as follows: (a) it is not possible for the Defendant to export a certain kind of scrap metal for the purpose of manufacturing scrap metal scrap, which is classified into a domestic scrap metal scrap-making process; (b) it is not possible for the Defendant to obtain recommendation from the Korea Metal Export Association; and (c) it is not possible for the Defendant to export the scrap metal-making process-making process-making process-making process-making process-making process-using scrap-making process-making process-using scrap-making process-using 400 tons of scrap-making products; and (d) the Defendant accepted an export license-making process-making process-making process-using scrap-making process-making process-using scrap-making process-using scrap-making process-making process-using scrap-making process-using scrap-making process-based scrap-making process-using (which shall be deemed as 65.75 tons of ethyl scrap-making process-using products; and (e) it is deemed that the Defendant had obtained an export license-using process-related ethyl content-making process-using content.

In short, the lower court found the Defendant not guilty of the goods exported by the Defendant on the ground that the goods are the tetrath ethyl powder which is classified as an export restriction item under the Customs Act, and do not fall under tetrath ethyl scrap. However, according to the customs duty rate of the upper half of the 86 year, the 87 year adopted by the lower court, and the description of the import and export guidelines, in order to export the tetrath ethyl metal to Japan, the lower court shall obtain a recommendation from the Korea Metal Industry Promotion Association. Here, the term “wa and scrap” means metal scrap and scrap suitable for the recycling of metal or the manufacture of chemical products, and thus, the term “teth teth ethyl scrap” means metal scrap and scrap, which do not correspond to the export restriction item of metal, and thus, it is clear that the Defendant’s import restriction item is an export restriction item, and thus, it shall be deemed that the import restriction item of the teth ethyl metal does not fall under the export restriction item of the teth ethyl.

However, while recognizing that the Defendant’s export-in-service ethyl powder is called the tetrare ethyl chip or the tetrare ethyl chip in the related industry, the lower court tried and judged only whether it falls under the tetrare ethyl scrap, but did not completely examine and determine whether it falls under the tetrare ethyl scrap, which is illegal.

Furthermore, the court below held that the instant ethyl powder was in the situation of disposing of them as industrial wastes which could not be recycled in the Republic of Korea and disposing of them as such, and therefore, it cannot be distinguished from the type or quality of raw materials even if it was collected and stored, and even if it is possible to distinguish them from the domestic affairs, it is difficult to accept this as it is. According to the records, it is difficult to view that the Defendant’s export of the instant ethyl scrap metal from the Republic of Korea could not be distinguished from the domestic source of raw materials due to heat damage which would be incurred in the process of its generation, and it cannot be determined that it would be difficult to determine that it would be difficult to distinguish from the domestic source of ethyl scrap from the domestic source of ethyl scrap, because it would be difficult to determine that it would be difficult to determine that it would be difficult to distinguish the domestic source of ethyl scrap from the domestic source of ethyl metal from the domestic source of ethyl metal to be exported to the domestic source of ethyl, and thus, it would be difficult to determine that it would be difficult to determine from the domestic source of ethyl.

The judgment of the court below shall not be deemed to have affected the conclusion of the judgment by misunderstanding the rules of evidence and failing to exhaust all necessary deliberations. The arguments are reasonable.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Young-young (Presiding Justice)