The judgment of the court below is reversed.

Defendant

A A Fines of 18,00,000 won, Defendant B of the case shall be punished by a fine of 13,000,000 won.

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced to the Defendants (a fine of 20 million won for Defendant A, Defendant B: a fine of 15 million won for Defendant B) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, each act of exporting domestic goods of this case against the Defendants with the country of origin falsely while exporting domestic goods of this case with the country of origin falsely declared and with the country of origin falsely marked shall meet the requirements for the crime of violating Article 276 (2) 4 of the Customs Act and Article 53-2 subparagraph 4 of the Foreign Trade Act at each time of export. Thus, one crime is established at each time of export. Thus, in the case of a violation of the Customs Act, in a case of exporting goods of which the declaration is not made or other goods are exported, one crime is established at each time of export because the legal interest of complying with the laws and regulations related to export and import of the relevant exported goods and securing statistical data is violated, and thus, each act of exporting goods of this case constitutes one crime by combining several export activities.

As such, the interpretation that considers several export activities as concurrent crimes rather than a single comprehensive crime is deemed to be established in the case of non-reported import under Article 269(2)1 of the Customs Act, one crime is established at each time of import. In the case of the crime of acquiring and storing smuggling under Article 274(1)1 of the Customs Act, it is reasonable to consider a balance with each acquisition or storage act (see Supreme Court Decision 2004Do3870, Jan. 11, 2007).

The judgment below

Attached Form

The rate of concurrent crimes under the former part of Article 37 of the Criminal Act between the crimes of violation of each Customs Act and each Foreign Trade Act. In this case, the main sentence of Article 38(1)2 of the Criminal Act shall be applied in accordance with Article 278 of the Customs Act.