The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Although the Defendant had imported herb drugs under the name of F and E with permission to import pharmaceutical products, all of the herb drugs stated in the facts charged in the instant case are not imported by the Defendant, and among them, the volume imported and sold by F and E includes also the volume imported and sold by the Defendant.

B. The lower court’s sentence of unfair sentencing (the suspended sentence of two years for one year of imprisonment and fine of 204,738,789) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is a person who runs a herb drug retail business D in Youngcheon-si Cdong 102, Youngcheon-si, the Defendant.

When any foreign country intends to import goods, it shall not be imported without meeting requirements for permission, approval, recommendation, certification, or other conditions necessary for import under Acts and subordinate statutes or by satisfying such requirements and conditions by illegal means.

Pursuant to the Pharmaceutical Affairs Act, an enterprise that has obtained permission to import drugs shall submit a certificate of inspection and collection issued by the head of the Korea Association for Drug Export and Import to the customs office when it files an import declaration.

When D was unable to import herb ingredients in relation to the relationship that is not an enterprise that is not an enterprise that is permitted to obtain permission to import pharmaceutical products under the Pharmaceutical Affairs Act, the Defendant intended to import herb ingredients by borrowing the above inspection certificate in the name of E and F, which is permitted as a pharmaceutical importer.

1) The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (customs duties) in importing an amount equivalent to KRW 204,738,789, totaling the cost of 36,000 kilograms of Korean herb ingredients from November 1, 2010, upon filing an import declaration with G, submitted a certificate of postmortem collection issued by the president of the Korea Pharmaceutical Import and Export Association in the name of the company F to the customs office in a fraudulent manner, and imported the Defendant under the conditions necessary for import in a fraudulent manner. 2) The Defendant in violation of the Customs Act from November 8, 2010 to May 27, 2011, is a stock company E, such as the attached list of crimes (1).