The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 78,250,00.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds of appeal is unreasonable because the punishment imposed by the defendant is too unreasonable.

2. Prior to the judgment on the above assertion, in a case where a fine is imposed on a person who commits an act violating penal provisions under the Customs Act pursuant to Article 278 of the Customs Act, the application of Article 38(1)2 of the Criminal Act is excluded. Thus, in a case where a fine is imposed on several concurrent crimes under the former part of Article 37 of the Criminal Act, the fine shall be imposed separately for each of the crimes and the amount of fine shall be imposed.

However, the court below sentenced the defendant to a fine by applying Articles 38(1)2 and 50 of the Criminal Act without separately stipulating a fine for a violation of each Customs Act. The court below erred by misapprehending the legal principles under Article 278 of the Customs Act, which affected the conclusion of the judgment.

3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 270 (1) 1 of the Customs Act and Article 241 (1) of the same Act concerning facts constituting an offense and the selection of punishment, respectively;

1. Selection of an alternative fine for punishment;

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

1. Since Article 278 of the Customs Act excludes the application of the provisions on restricted aggravation of fines as to concurrent fines under Article 38(1)2 of the Criminal Act in accordance with Article 278 of the Act on the Determination of Punishment of Fines, a fine for each crime shall be separately determined and added up. A fine of 78,250,000 won [the court below]