A. The Defendant, upon the F’s request on November 2013, introduction of “NO....” and “TD” (hereinafter “instant company”) which is a kimchi-making factory in China’s Cheongdo upon the request of F, and filed a report to the police officer on December 1, 2013 and then imported kimchi normally on January 2014. However, the Defendant did not participate in the instant smuggling.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended sentence, fine of twenty million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the Defendant was found to have attempted to import the Chinese 24 tons of the Chinese Doctrine (hereinafter “the instant prosecution”) in collusion with D, F, and H, and attempted to import the Chinese Doctrine.

The defendant's assertion of mistake is without merit.

1) Upon receipt of F’s request from an investigative agency and the lower court, the Defendant led to the Chinese exporting country’s sanitary certificate and shipping documents to disguised the instant order into kimchi. On June 19, 2014, the Defendant was sentenced to the first instance trial with the Defendant as the accomplice of the instant case, and around that time, the Defendant was sentenced to a suspended sentence of two years, a fine of ten million won, which became final and conclusive at that time, and stated that the Defendant received false sanitary certificates and shipping documents from the Defendant in order to disguised the instant order into kimchi. (2) As to the developments leading up to the instant order, the Defendant and F made a statement in detail at the investigative agency on several occasions, as follows: F was introduced through H in order to find a kimchi factory where a false Chinese sanitary certificate and shipping documents were issued.

F) On December 2, 2013, the first Chinese registry introduced the defendant at the P hotel coffee shop, which was located in the Chinese registry, and the F tried to capture the defendant again at the P hotel in question with H on December 2, 2013, and to disguisedly import of the defendant for kimchi.