beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below found the Defendant guilty of this part of the charges on the following grounds: (a) there was no fact that the Defendant, in the judgment of the court below, failed to report to the head of the customs office the dump 1 Nos. 1 of the crime sight table 1, Scaros, No. 2 modern universal buses, and Dotapp truck vehicles of Russia without reporting each vehicle to the head of the customs office; (b) there was no fact that the smuggling export of the dump truck vehicles of No. 1 of the crime sight table 4 MN dump trucks; and (c) there was no fact that each
B. The sentence of the lower court on the Defendant’s sentencing (the penalty of KRW 1.6 million for imprisonment and the fine of KRW 355 million for a year and six months, and the penalty of KRW 1.32 million for a penalty of KRW 1.3 billion) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the lower court determined that the Defendant could fully recognize the fact that the Defendant exported or tightly exported the vehicles listed in Table 1 in the crime sight table as indicated in the judgment below, and subsequently altered the representative body of the vehicles listed in Table 2 in the crime sight table 2.
① At the same time, N consistently from the investigative agency to the court below’s trial, the Defendant, “T,” which is the loading and unloading company for the operation of the C, stated that the Defendant prepared stalking and bill of lading on its own basis, and submitted it to the shipping company, and the shipping company exported the vehicle by shipping the vehicle on the basis of the bill of lading provided by T.O. TheO stated to the effect that the Defendant purchased balp vehicles and exported the vehicle to R through R., and that the respective statements of C, P, and Q correspond to this as a whole.
② N is an employee of the loading and unloading company, O is an employee of the loading and unloading company, C is an employee of the loading and unloading company, P is an employee of the loading and unloading company, the seller of the vehicle to the defendant, and Q is an employee of the past business.