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(영문) 서울서부지방법원 2012.02.02 2011노1167
관세법위반등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The facts charged of this case.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, with the knowledge that a 100,000 poundis is true, brings it into Korea, and uses it for E and H, so there is no intention to commit any violation of the Customs Act and any crime of uttering of perjury, and also importing 100,000 poundis 100,000 forged on March 16, 2011, is only a mixed act, and the Defendant did not participate in it, but all of the facts charged in the instant case was guilty, and the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is excessively unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the evidence duly admitted and examined at the court below as to the violation of the Customs Act, the defendant can be found to have committed a mistake of facts against the defendant's act of bringing in of the above 100,000 Lb. B, after holding 10,000 Lb. 10 Lb. 10 Lb. Then, the defendant, despite being aware of the fact that he received 1 Lb. 1 from Sb. D in China and marked excessive face value and forged the printing situation, he can hold it in response to D's request, and then distribute it to E, and request D to send 10,000 Lb. 10 Lb. 100 Lb. 10 Lb. 100 Lb. Then, the defendant's act of bringing in of the above 100,000 Lb. 100 Lb. 3.

B. (1) On the part of the facts charged, the Defendant conspireds with B to exercise the above investigation painting.

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