관세법위반
All appeals filed by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (a fine of KRW 20 million) is too unreasonable.
B. The above sentence sentenced by the court below to Defendant A is too unhued and unfair.
2. The Defendants are under the entirety of the instant crimes, and the Defendant A shows his attitude to repent his mistake.
Furthermore, when the permission of the Minister of Food and Drug Safety was delayed while importing scoos for the first time, the Defendants seems to have caused the instant crime to be committed under the demands of the foreign trading company exporting scoos and the customers to be supplied with scoos and the financial standing of the company.
In addition, even though the Defendants avoided the permission required under the Act and subordinate statutes due to the instant crime, there was no purpose to avoid customs duties or obtain other proprietary benefits, the fact that the same product was imported with the permission of the Minister of Food and Drug Safety after the instant crime, the fact that there was no criminal history prior to the instant crime, and the fact that the Defendants contributed to the development of the national and regional economy by receiving 100 million export towers during the instant crime, etc. are favorable to the Defendants.
On the other hand, the crime of this case committed by Defendant A, whose representative director, imported scooterss for medical use three times, and did not obtain permission from the Minister of Food and Drug Safety as if it were general scoos, and did not obtain permission from the Minister of Food and Drug Safety as necessary for import pursuant to the Act and subordinate statutes. In the same way, Defendant A intended to import scoos for medical use in the same way, and attempted to import scoos
In addition, the total market price of scooter for medical use, which the Defendants received or intended to import as above, has reached KRW 386,647,191.
In addition, in the case of medical devices such as scooters for the medical use of this case, there is a concern about harm to life and health.