The judgment below

Of the defendants B, the part of the defendant is reversed.

Defendant

B shall be punished by a fine of 3,000,000 won.

Defendant

B above.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (a fine of KRW 3 million, confiscation of KRW 3,1340,000) is too unreasonable.

B. Defendant F and G customs service corporation (misunderstanding of each fact, misunderstanding of legal principles), Defendant F received only KRW 100,000 as a commission upon receiving a request for customs clearance from Defendant A, etc., and did not conspired with Defendant A, etc. to commit the instant crime.

Nevertheless, the court below held that Defendant F conspired with Defendant A, etc. to commit the instant crime and that Defendant G customs service corporation constituted the instant crime as Defendant F’s user. The court below erred by misapprehending the legal principles as to facts.

2) The lower court determined that Defendant F’s act constitutes an error in the law stipulated in Article 16 of the Criminal Act and thereby constitutes an offense, since Defendant F was exported ginseng seeds after inquiring through a customs information provider about the statutes governing the customs clearance of ginseng seeds through a customs information provider, obtaining a normal and lawful customs clearance license from the Korea Customs Service, while he/she was aware of the fact that the Minister of Food, Agriculture and Forestry should obtain the approval of the Minister of Food, Agriculture and Forestry for ginseng seeds.

B) Article 31(3) of the Act on the Preservation, Management, and Use of Agricultural and Fishery Bio-resources (hereinafter “Agricultural and Fishery Bio-resources Act”) provides for punishing cases where the Korea Customs Service permits exportation of the bio-resources to be exported from different goods, such as the transfer of the bio-resources to other goods. As such, the foregoing provision does not apply where the Korea Customs Service permits exportation.

C) Nevertheless, the court below found the Defendants guilty on the facts charged of this case, and the court below erred by misapprehending the legal principles.

B. Each prosecutor (unfair sentencing) sentenced by the lower court to the Defendants (a fine of KRW 7 million, confiscation of KRW 30,1340,000, KRW 3000,000, KRW 3000,000, KRW 3000,000 for each fine of KRW 3,1340,000, KRW 3,1340, KRW 3,000,