The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

(b).

1. The lower court dismissed the prosecution for the violation of the Customs Act against Defendant B, among the facts charged in the instant case, on the grounds that the Commissioner of the Korea Customs Service or the customs collector did not make a lawful accusation, and acquitted the Defendants of each violation of the Ship Safety Act, and convicted them of the remaining facts charged against Defendant A.

Defendant

A As to the guilty portion of the judgment of the court below, each prosecutor appealed from the acquittal portion against the Defendants among the judgment of the court below, but the rejection portion of the public prosecution against Defendant B was not dismissed and it became final and conclusive as it is not dismissed. Thus, the acquittal portion against the Defendants and the conviction portion against Defendant A constitute the scope of the judgment of the court of this court

2. Summary of grounds for appeal;

A. Defendant A 1) M (hereinafter “instant vessel”) which is an unreported import vessel of this case due to mistake of facts

490,390,000 won, separate from the purchase price of the vessel, includes the amount equivalent to the annual payment interest or charterage equivalent to the vessel. Thus, the total purchase price cannot be deemed to be “goods cost” as provided by Article 6(2) and (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes. Nevertheless, the lower court’s judgment that considered the total purchase price as the cost of the goods is erroneous by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) The sentence of the lower court on the Defendant A of unfair sentencing (2 years of the suspension of execution of one year and six months of imprisonment, and 90,780,000 won, and the confiscation of the vessel of this case) is too unreasonable.

B. A bareboat charter agreement concerning the instant vessel contains a provision regarding “transfer of ownership to a charterer when the vessel completes redemption, the charterer’s burden after taking over the vessel, the charterer’s report, etc. in accordance with the laws of the charterer,” and “bareboat charter” in itself means a vessel of foreign nationality.