The judgment of the court below is reversed.

Defendant

A The fine of fine of KRW 7,600,00, and the defendant C shall be punished by a fine of KRW 9,400,00.

1. The summary of the grounds for appeal (for Defendant A: a fine of KRW 9.4 million; and for Defendant C: a fine of KRW 14.1 million) declared by the lower court is too unreasonable.

2. The number of non-reported exports of this case reaches 76 times.

However, the defendant is expected to engage in the waste export business and live faithfully, and the crime of this case does not appear as planned smuggling export.

In addition, considering various sentencing conditions, such as the background of the instant crime and the criminal record relationship, the sentence imposed by the lower court is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is reasonable, and it is so decided as per Disposition for the following reasons after pleading.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 270(3), 241(1) (a) of the Customs Act; Articles 271(2), 270(3) and 241(1) (a) of the Customs Act; Articles 271(2), 270(3) and 241(1) of the Customs Act (a attempted export of wastes for which no declaration of wastes has been filed); the

(b) Defendant C: Articles 279(1), 270(3), and 241(1) of the Customs Act (a point of export without filing a report on wastes), Articles 279(1), 271(2), 270(3), and 241(1) of the Customs Act (a point of attempted export without filing a report on wastes);

1. The former part of Article 37 of the Criminal Act and Article 278 of the Customs Act (the provisions of Article 38 (1) 2 of the Criminal Act concerning restriction on aggravation of concurrence of fines shall not apply, and the amount of fines per frequency of exports shall be calculated separately and added up as follows):

1. Determination of sentence concerning a fine;

(a) Defendant A: 7.6 million won (=76 times x 100 thousand won)

B. Defendant C: 9.4 million won (=94 times x 100,000 won) per the number of exports.