The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

A The above fine shall be imposed.

1. The punishment sentenced in the original instance on the summary of the grounds for appeal (the fines of KRW 10 million for each of the defendants) is too unreasonable.

2. We examine ex officio the Defendants’ grounds for appeal prior to the judgment on the grounds for appeal.

According to Article 278 of the Customs Act, a person who commits an act in violation of penal provisions under the Customs Act shall be exempted from the application of Article 38(1)2 of the Criminal Act Article 38(1) of the same Act with respect to the restriction on aggravation of fines. Thus, with respect to several concurrent crimes under the former part of Article 37 of the Criminal Act, a fine shall be separately imposed for each

(2) The court below rendered a single fine, without separately specifying the amount of fine separately determined for each of the crimes while applying the former part of Article 37 of the Criminal Act and Article 278 of the Customs Act (Article 38(1)2 of the Criminal Act) among the violations of each Customs Act in relation to concurrent crimes (Article 38(1)2 of the Criminal Act). However, the court below rendered a single fine without specifying the amount of fine separately determined for each of the crimes. The above measures by the court below are erroneous by misapprehending the legal principles of Article 278 of the Customs Act, which affected the conclusion of the judgment.

In this regard, the judgment of the court below cannot avoid reversal.

3. Therefore, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendants' assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: The point of evasion of customs duties under Articles 270(1)1 and 241(1) of the Customs Act and each fine.