The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

Defendant.

Since Co-defendant A did not appeal, and the prosecutor also did not appeal against the same co-defendant and the judgment became final and conclusive, the scope of the judgment of this court is limited to the remaining parts except the part of the judgment of the court below against the above co-defendant.

2. The main point of the grounds for appeal is that the lower court’s punishment (hereinafter “fine 15,00,000”) is too unreasonable.

3. Article 278 of the ex officio Determination Customs Act excludes the application of Article 38(1)2 of the Criminal Act in cases where a person who has committed an act in violation of penal provisions under the Customs Act is punished by a fine. Thus, with respect to several concurrent offenses in violation of the Customs Act under the former part of Article 37 of the Criminal Act, a fine shall be separately imposed for each of such offenses, and the same applies in cases where crimes other than a violation of the Customs Act and a violation of the Customs Act are concurrent offenses in the former part of Article 37 of the Criminal Act (see, e.g., Supreme Court Decision 2006Do8435, Apr. 13, 2007). Since the court below selected a fine for a violation of the Customs Act and a violation of the Copyright Act under the former part of Article 37 of the Criminal Act, since it did not separately specify the amount of a fine separately for a violation of the Customs Act and the Copyright Act under Article 278 of the Customs Act, it does not affect the conclusion of the judgment by the court.

4. As such, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court】 Summary of facts constituting a crime and evidence are recognized by the court.