All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. In fact-finding (Defendant A) The Defendant only transported foods for which an import declaration was not made upon C’s request from around September 3, 2014, and did not transport the said foods for sale.

B. Each sentence (Defendant A: a fine of 12 million won, Defendant B: a fine of 3 million won) imposed by the lower court on the Defendants is too unreasonable.

2. The following circumstances can be acknowledged by the court below's determination of facts as to Defendant A's assertion of mistake of facts that the court below duly adopted and investigated: (i) the Defendant was found to have driven a vehicle with actual food imported for the purpose of sale without filing an import declaration with the investigative agency up to the court below's trial; (ii) the Defendant was issued a summary order under the criminal facts that he transported, displayed, and stored for the purpose of selling an imported agricultural product with smuggling (2014Da3734) prior to the instant crime; and (iii) the Defendant was requested by C and was not transported for the purpose of selling the above food; but (iv) the Defendant purchased domestic agricultural products from Chinese Bohly with the investigative agency for the purpose of selling it to the imported food, but the Defendant was also aware of the above fact; and (v) the Defendant was stated to the effect that the Defendant did not participate in the process of smuggling import or ex post facto sales, as stated in the facts charged, even if the Defendant did not participate in the import declaration in collusion with C.

Therefore, the defendant's assertion of mistake is without merit.

3. The Defendants recognized the instant crime and opposed to the allegation of unfair sentencing are subject to punishment several times for the same crime, while Defendant A was punished for the same offense.