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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal record] On November 11, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Trademark Act by the Incheon District Court on December 29, 2016 and the judgment became final and conclusive on December 29, 2016.

[Criminal facts] No person shall acquire, transfer, transport, or keep goods brought into Korea from a foreign country without reporting to the head of a customs office.

Nevertheless, on October 2015, the Defendant acquired tobacco equivalent to KRW 10,000 for 10,000 of tobacco royalties ( KRW 40,700,000, cost 10,510,000 in the Republic of Korea) on the street in front of the D office located in the Nam-gu Incheon Metropolitan City, after being aware of the fact that the goods were brought in without reporting to the head of the customs office, from the time on May 24, 2016, as shown in the attached Table 1 sheet 22,00,000, in total, for eight times, as shown in the annexed Table 1 for the crime committed on May 24, 2016 (domestic wholesale price of KRW 956,075,00, KRW 260,57,00).

Summary of Evidence

1. The defendant's legal statement (the date of the sixth public trial shall be the date);

1. Copy of each protocol concerning the examination of suspect with respect to F;

1. A written appraisal or a written accusation;

1. Each investigation report (a copy of suspect E mobile phone identity verification protocol, or a copy of suspect interrogation protocol);

1. Before judgment: Entry of the defendant's statement in the first trial records and application of Acts and subordinate statutes for inquiry about criminal history;

1. Article 274 (1) 1 and Article 269 (2) of the Customs Act, the choice of punishment for the crime, and the choice of imprisonment for the punishment, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Articles 282(3) and 282(2) of the Customs Act: (a) the Defendant repeated the same kind of crime in six months of imprisonment with prison labor for the sale of smuggling tobacco in 2009, despite the fact that the Defendant had been sentenced to a two-year suspended sentence; (b) the amount of the smuggling tobacco acquired and sold and the circumstances that are favorable to the extent that the amount and the amount thereof are considerable: (c) recognizing and against his mistake; and (d) concurrent crimes with the crimes in which the judgment became final and conclusive.