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The judgment below
Part concerning Defendant D and C shall be reversed.
Defendant
D Impositions of fines of KRW 3,00,000, and Defendant C.
Reasons
1. Summary of grounds for appeal;
A. Defendant C’s assertion of misunderstanding of facts by Defendant C in collusion with K and Defendant D on August 26, 2010, which was not imported as of August 26, 2010.
Nevertheless, the court below found the defendant guilty of this part of the facts charged, which erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.
B. The sentence imposed by the lower court on the Defendants’ assertion of unfair sentencing (Defendant A: a fine of three million won, Defendant D: a fine of four million won, Defendant B: a fine of three million won, Defendant C: a fine of three million won, and Defendant C: a fine of four million won) is too unreasonable.
2. Determination:
A. A person who intends to import a motor vehicle of the summary of the charges of this part concerning Defendant C’s assertion of mistake shall obtain certification from the Minister of Environment that the automobile exhaust gas can be maintained in compliance with the permissible emission levels during the period of warranty of exhaust gas when importing a two-wheele
Defendant
C, with the knowledge that the number of two-wheeled vehicles is terminated in K, Defendant D, and Japan, imported them at low prices, and sold them at home, and in connection with those who are able to import in Japan, he selected the imported goods at the head of the Japanese scrapping place and the auction place, selected them at the domestic warehouse and received them in part while temporarily storing them at the domestic warehouse and received them and distributed them at the sales store operated by them.
Defendant
C Although K, Defendant D and persons specialized in the sale and repair of two-wheeled vehicles knew all the above facts, the two-wheeled vehicles less than 50 cc were imported and sold by importing and selling two-wheeled vehicles in Japan, using the fact that they can be sold without being registered with the competent authority.
Defendant
C was imported from K, Defendant D, and Japan as Busan Port, and they decided to sell them directly.
On June 14, 2010, Defendant A-1080 M Center of Yongsan-gu L Building A-1080 in Goyang-si.