The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant, as stated in paragraph (1) of the facts constituting a crime in the lower judgment, did not have acquired approximately KRW 2,000 g of ginseng varieties, such as red ginseng, etc. that was closely imported by D around June, 2010, after making them lose approximately 2,00 g of ginseng varieties, as indicated in the lower judgment.

B. The lower court’s sentence of unreasonable sentencing (the collection of 1 year of imprisonment, 2 years of suspended sentence, 147, 948,000 won) is too unreasonable.

2. Determination

A. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the determination of the grounds for appeal, the Prosecutor: (a) “the date, time, and place indicated in paragraph (1)” in paragraph (4) 1 of the facts charged in the instant case appears to be an obvious clerical error in the written application for changes in the indictment in March 201 at a place where it is impossible to identify any place below South-Nam-si; (b) “round March 2012” in paragraph (4) 1 of the instant facts charged. D applied for changes in the indictment to “the date, time, and place indicated in paragraph (1) of the instant facts charged in the instant case to “the date, time, and place indicated in the instant paragraph (4) of the instant facts charged in the instant case at which it is impossible to maintain the judgment.”

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of facts.

B. The lower court: (a) sent the following circumstances acknowledged by the evidence duly adopted and examined by the Defendant’s assertion of mistake; (b) D was investigated by the police around June 21, 201; and (c) sent the Republic of Korea ginseng varieties and melting materials to L and J Z (the Defendant J J both D and E) during the period from March 2, 201 to March 22, 201 (the investigative record No. 83); (c) one time around March 2010; (d) around April 2, 2010; and (e) one time around May 2, 2010; and (e) made a transaction with L and a transaction (the investigative record No. 79,80); and (e) made a statement to the lower court for more than three weeks during the period from June 21, 2010 to March 24, 2011 (the investigative record No. 83).