The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D shall be punished by imprisonment for a term of two years and eight months.

Defendant .

1. Summary of grounds for appeal;

A. In fact, Defendant A was unaware of the fact that Defendant A was unable to know the method of bonded transport and carried goods with C et al., and was not aware that C et al. was sealed by changing the imported goods during bonded transport, and thus, Defendant A could not easily commit the crime of smuggling import.

2) According to the evidence submitted by the prosecutor (not guilty part of the reasoning of the lower judgment against Defendant A), Defendant A, etc. sufficiently aware that the imported goods are sealed by changing them from other places in the bonded transport, but can be acknowledged the fact that Defendant A participated in the crime of smuggling import in collusion with C, etc.

B. misunderstanding of the legal principles (Defendant E and B) only participated in the process of packing tobacco products between Defendant E and tobacco business operators, and did not participate in the process of packing tobacco products into the Republic of Korea. Defendant B merely received KRW 400,000 from Defendant E and received 40,000 for two occasions in return for taking out tobacco products imported separately. Although there was no criminal proceeds derived from the instant crime, the lower court erred by collecting the total amount of KRW 2,264,279,50 from Defendant E and the total amount of KRW 214,765,92 from the market price of tobacco products imported closely by Defendant C, etc., and additionally collecting the total amount of KRW 2,264,279,50 from Defendant E and the total amount of KRW 214,765,92 from Defendant B.

(c)

Sentencing (Defendant C, D, E, and Prosecutor) 1) Each sentence (Defendant C, D, and E (Defendant C, D: 3 years of imprisonment, and Defendant E: 10 months of imprisonment) declared by the lower court is too unreasonable.

2) The public prosecutor’s each sentence sentenced by the lower court to Defendant D and A (three years of imprisonment, and one year and six months of suspended sentence of eight months of imprisonment) is deemed to be too uneasible and unfair.

2. Determination

A. Defendant A’s assertion of mistake as to the facts of Defendant A at the original trial, arguing in the same manner as the grounds for appeal of this case, and the lower court, under the title “Defendant A and the defense counsel’s assertion and judgment” in the judgment, the above Defendant A’s person.