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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is as follows: F, G, and H, an accomplice, introduced another accomplice from the Defendant, and stated on the circumstances leading up to the participation in the crime, overall method, and progress of the crime; and there are objective data, such as the Defendant’s telephone number against the Chinese phone number of the person ordering the contact place as stated by G, and thus, the Defendant’s conspiracy is acknowledged.
Nevertheless, the lower court rendered a not-guilty verdict on the instant facts charged by misunderstanding facts.
2. Determination
A. The Defendant in the facts charged of the instant case is a person who was operating “E” in Jung-gu Incheon Metropolitan City, and F and G are so-called “Sari,” who was going to trade in Korea and China, and H was a person who was engaged in the precious metal wholesale business in the trade name called “J” in Jongno-gu Seoul, Jongno-gu, Seoul, and “L” in Seoul, Jongno-gu, and “L” in subparagraph 6 of Article 6, respectively, and M was married with the Defendant.
On August 8, 2013, the Defendant gathered to import the gold ingots by having the gold ingots from China to Korea and transmitting it to H without filing a report with the head of F, G, H, and M at the office of the above corporation E, Inc., and without filing a report with the head of F, G, H, and M.
Accordingly, the Defendant prepared a gold leader to deliver gold bars to F and G, a book for the transportation of gold in China, through M in China. G and F brought gold bars into Korea by concealing gold bars delivered by the Defendant in the clothes, and H shared the role of delivering gold bars delivered by F and G to the Defendant’s designated person.
Any person who intends to import goods shall report to the head of a customs office the name, size, quantity and price of the relevant goods and other matters prescribed by Presidential Decree.
The Defendant, on August 8, 2013, at the residence located in the N of Incheon Jung-gu, Jung-gu, Incheon, and by telephone, “O” for Chinese san nes.