The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In misunderstanding of facts or misapprehension of legal principles, the Defendant: (a) committed a crime in collusion with the D upper group of D (hereinafter “F, G, H, or I” (hereinafter collectively referred to as “E, etc.”)’s organization cause E, F, G, H, or I; and (b) attempted to import a gold class of less than KRW 200 million in total without filing a report, E, etc.

Therefore, the relation to the receipt of this part of the crime shall be deemed to be the substantive concurrent relationship among the crimes committed by each member of the lower court, who committed an attempted import without filing a report, classified by each member of the lower court, and the overall total of the charges shall not be deemed to constitute a crime of violating the Customs Act due to an attempted import without filing a report, on the grounds that Article 6(7) and (2)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes cannot be applied.

Nevertheless, the court below erred by misapprehending the legal principles as to the determination of the number of crimes in this part, and determined that the relation to the crime in this part as a whole was a single crime and thus, constitutes a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Customs Duties) due to

2) The number of gold bars received by the Defendant without filing a report is determined based on an uncertain statement by the members of the upper group, who are co-offenders, and there is a difference in weight by each gold leader. As such, the amount of the gold bars that cannot be confiscated was specified.

shall not be deemed to exist.

Nevertheless, the court below erred by misapprehending the legal principles on collection, thereby ordering the collection of KRW 7,766,470,800 by specifying the amount of gold bullion imported without reporting by the defendant as 154.6km by multiplying the number of inaccurate gold bullion by the approximate weight of 200g per gold leader.

B. The punishment sentenced by the court below (the imprisonment of three years, the fine of 463,713,640 won, the additional collection of KRW 7,766,470,80) is too unreasonable.

2. Determination: