The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

In the case of the crime of non-declaration of Customs Duties and the crime of evading customs duties, the act of non-declaration of Customs Duties and the act of evading customs duties committed several times at different times are the same type of the act, method, item, etc.

In principle, it constitutes a separate violation of the Customs Act due to the non-reported import and the evasion of customs duties.

The above legal principle also applies to the crime of violating the Customs Act due to illegal import (see Supreme Court Decision 9Do1046, May 15, 2001). Thus, each of the crimes of this case where the defendant imported coffees and coffees through 37 times without undergoing the electrical safety certification and food quarantine under the Electric Appliances Safety Control Act and the Food Sanitation Act, constitutes a separate violation of the Electrical Appliances Act and each of the crimes of this case constitutes a substantive concurrent crime.

Nevertheless, the judgment of the court below that held each of the crimes of this case as an inclusive crime is erroneous in the misapprehension of legal principles as to the number of crimes committed in violation of the Customs Act.

3. According to the conclusion, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the decision is made again through pleading as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 270 (2) and 241 (1) of the Customs Act, which relate to the crimes and select of punishment;

1. The former part of Article 37 of the Criminal Act among concurrent crimes, and Article 278 of the Customs Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;