The defendant shall be innocent.

1. In order to import and export the summary of the facts charged, the Defendant reported to the head of a customs office the name, standard, quantity, and price of the relevant goods to import and export the relevant goods, despite the fact that the Defendant, as if he/she imports a low-rate domestic habiting (fat 45% of the customs duty rate), intended to smuggling the Korean red powder powder (fat 270% of the customs duty rate) in Korea at a high rate. On February 18, 2016, the Defendant imported 24 tons from China to D with the freight management number D, and actually attempted to import the relevant goods with a high rate of 24 tons in high-level red powder powder, market price, and 131,111,741 won in the process of customs inspection.

2. Determination

A. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction of guilt is to be based on the evidence of probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant (see Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.). (b) The defendant and the defense counsel have not requested the export business operator of China to supply the defendant with damp water that goes against the relevant laws and regulations of the Customs Act, i.e., the high water content exceeds 40%, or different ingredients are separated from those of the high water. In fact, the defendant asserts that there is no intention to distinguish the high water content of the season from the high water content of the case, or that there is no intention to distinguish them from the composition of the high water content, even if there is no intention to do so.

(c)

As evidence corresponding to the facts charged in this case, ① the witness E, F, and G are each legal ones.