The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of 10,000 won and fine of 50,000 won, and Defendant B shall be punished by imprisonment with prison labor of 6 months.

1. The judgment of the court below against the defendants in summary of the grounds for appeal (the defendant A: imprisonment of one year and fine of 500,000 won, and imprisonment of 10,000 won) is too unreasonable.

2. Prior to the determination on the grounds of appeal by the Defendants, prior to the determination on the grounds of appeal, the Prosecutor examined ex officio, and the Prosecutor raised the facts charged for the first instance.

In the first sentence of Paragraph 9, “The market price equivalent to KRW 65 million” was changed to “the market price equivalent to KRW 2860,000 per kilogram2,80,000 per kilogram2,00 ($40 per kilogram2, per USD 1,00 per$1,00 per exchange rate as of November 2012). A party member applied for amendments to a bill of amendment, and the subject of the trial was changed by permission. Therefore, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts constituting the crime and the evidence admitted by the court is stated in the judgment of the court below.

“The amount equivalent to KRW 65 million at the market price” in Section 9 of the same paragraph shall be changed to “the amount equivalent to USD 2860,000 at the market price ($ 40,00 per kilogram1,00 per USD 1,000 at the exchange rate as of November 2012),” and subparagraph 2

B. Except in the case where the phrase “Guide” in Section 4 of the Criminal Procedure Act is referred to as “Guide”, it is identical to the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant A1) Article 362(1)7, Article 17(1) of the Immigration Control Act (the occupation of keeping stolens) Article 94 subparag. 7, Article 17(3) of the Immigration Control Act (the occupation of staying in the Republic of Korea without status of stay) Articles 94 subparag. 8, Article 18(1)4 of the Immigration Control Act (the occupation of seeking employment without status of stay) Articles 94 subparag. 4, Article 12-3(2)1 of the Immigration Control Act (the occupation of illegally entering the Republic of Korea) 5 each Article 97 subparag. 1, and Article 18 of the Immigration Control Act.