The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of 10 months and fines of 6,00,000, and Defendant B shall be punished by a fine of 10.

1. The summary of the grounds for appeal is too unreasonable that each sentence (for defendant A, 10 months of imprisonment, 2 years of suspended sentence, 15 million won of fine, 15 million won of fine, and 15 million won of fine) declared by the court below against the defendants is too unreasonable.

2. In light of the purport of the Foreign Trade Act, etc. to protect the fair trade order through the true indication of origin, and the amount and value of the goods whose country of origin is falsely indicated, there is a need to punish the Defendants strictly.

However, Defendant A recognizes all the crimes of this case and reflects them, and there is no particular criminal power.

In addition, it seems that the profits acquired by the defendants from the crime of this case are not significant.

In addition, in full view of the various sentencing conditions stipulated in Article 51 of the Criminal Act, including the details and process leading to the instant crime, it seems that the lower court’s respective punishment sentenced against the Defendants seems unfair.

Therefore, the defendants' arguments are justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is ruled as follows.

[C] The Criminal facts and the summary of evidence against the defendants recognized by this court are as stated in each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Subparagraph 4 of Article 53-2 of the Foreign Trade Act, Article 38 of the same Act (the occupation of domestic goods' export and the choice of imprisonment), Articles 276 (2) 4 and 241 (1) of the same Act (the occupation of false declaration and export);

B. Defendant B: Articles 57, 53-2 subparag. 4, and 38 of the Foreign Trade Act (with respect to the export of domestic goods), Articles 279(1), 276(2)4, and 241(1) of each Customs Act (with respect to false declaration and export).