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(영문) 대구지방법원 2012.12.21 2012고합929

특정범죄가중처벌등에관한법률위반(관세)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who operates D with oriental medicine retail chain in Youngcheon-si Cdong 102.

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) imported an amount equivalent to KRW 204,738,789, totaling the cost of 36,000 g local herb ingredients from November 1, 2010, upon filing an import declaration by G with a report number, submitted to the customs office a certificate of postmortem collection issued by the president of the Korea Pharmaceutical Export and Import Association in the name of the F Company, and received the import by fulfilling the conditions necessary

2. From November 8, 2010 to May 27, 2011, the Defendant in violation of the Customs Act submitted a certificate of check-up in the name of the company E, etc., such as Co., Ltd., Ltd., to the customs office, and imported the total amount of KRW 546,37,134, which is equivalent to the total amount of KRW 193,56km of medicinal raw materials by unlawful means, as described in paragraph (1), as shown in the list of offenses.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A certificate for actual delivery of imported goods and a business notification certificate (D);

1. Each explanatory note of H and I;

1. Each import declaration, import cargo/customs clearance-related information;

1. Requests for business cooperation and the application of reply statutes;

1. Criminal facts;