A. The Defendant did not have invested KRW 200 million in money in order to establish R, with respect to the crime of illegal import of medicinal herbs (No. 2016 order 3196 A). At the time, the Defendant was directly operating a company with limited liability to BZ that processes and sells medicinal herbs and starchs in China. Thus, the Defendant was not able to operate the said R separately.

In addition, there was a fact that the Defendant was involved in the crime of the above accomplices, in collusion with O et al., in order to distinguish the quality of the herb drugs of this case from O, P, and Q and to evaluate the quality of the herb drugs of this case (hereinafter “the herb drugs of this case”). In addition, there was no fact that the instant herb drugs of this case were imported illegally in conspiracy with O et al., the lower court did not have engaged in the crime of the above accomplices.

The recognition was recognized.

B) Nevertheless, the crime of violating the Customs Act is established only when the instant herb material is indicated and sold as herb material. However, the lower court recognized the instant herb material as either preliminary or attempted violation of the Customs Act with respect to any material not cleared or sold, among the instant herb material.

2) With respect to the crime of smuggling (2016 order 3231) committed by the Defendant, the Defendant only sold 300 km 300 km to AF while operating a company with the limited liability of BZ in China. Notwithstanding the absence of the fact that the Defendant conspired with Y, AC, etc., he participated in the crime of the above accomplice.

The recognition was recognized.

B. The sentence of the lower court’s improper sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. The following facts are revealed through evidence duly adopted and investigated by the lower court regarding the crime of illegal import of medicinal herbs (No. 2016 high group 3196 A) committed by misunderstanding the facts and misapprehension of the legal doctrine, namely, ① an accomplice, P, and Q, conspired with the Defendant to be convicted of the crime of illegal import of the instant herb drugs, and each criminal punishment was imposed on the Defendant, and ② the aforementioned accomplices are the Defendant, O, and Q.