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The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 33,500,000.
Defendant
A The above fine shall be imposed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (the sentence of imprisonment for one year, two years of suspended sentence, fines of 18 million won, and fines of 48 million won in case of Defendant B) is too unreasonable.
2. In full view of all the facts pertaining to the sentencing stated in the records of this case, the judgment of the court below against the Defendants is too unreasonable, since the Defendants did not have the same criminal history, and Defendant A reflects his mistake in depth, and the company supplied by the Defendants knew that the origin of exported goods is not the Republic of Korea.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is delivered following the pleadings.
Criminal facts
The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are identical to the entries in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Each of the former Foreign Trade Act (Amended by Act No. 10231, Apr. 5, 2010; hereinafter the same shall apply), Articles 53(2)8, 38 (the most exported of each country of origin before October 5, 2010; the choice of fines); Articles 53-2 subparag. 4, 38 (the most export of each country of origin after October 6, 2010; the choice of fines); Articles 276(1)4 and 241(1) of the former Customs Act (Amended by Act No. 11602, Jan. 1, 2013; hereinafter the same shall apply)
B. Defendant B: Articles 57, 53(2)8, and 38 of the former Foreign Trade Act (the most exported of each country of origin before October 5, 2010), Articles 57, 53-2 subparag. 4, and 38 (the most export of each country of origin after October 6, 2010) of the former Foreign Trade Act, and each of the former Customs Act.