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(영문) 서울중앙지방법원 2017.04.26 2016고단8883

관세법위반

Text

Defendant

A shall be punished by a fine of 42,00,000 won, and a fine of 420,000,000 won, respectively.

Defendant

A.

Reasons

Punishment of the crime

Defendant

A is a corporation that serves as a director in B while exercising overall control over customs clearance and delivery of imported medical devices, and Defendant B is a corporation that sells medical devices.

Where any person intends to import goods, he/she shall report to the head of a customs office the name, size, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree, and in such cases, he/she shall not import goods without meeting requirements for permission, recommendation, certification or other conditions necessary

1. On January 13, 2012, Defendant A had the Seoul Headquarters Customs Office import declaration (reportF) in order to import a self-defluence screen device (a model name: ACHEVIA 1.5T 1 sets, product cost of KRW 393,63,387), a medical device, from the Netherlands E, from the Netherlands’s Republic of Korea on January 13, 2012.

The above medical device intended to be imported is a product that has changed its inner software due to the improvement of the quality of the image that the user considers differently from the content of the import license, and thus, in importing such medical device, the medical device must be imported with the permission of change from the Minister for Food and Drug Safety.

Nevertheless, the Defendant, based on the receipt of the standard customs clearance report issued based on the existing import license, illegally prepared necessary conditions in accordance with the laws and regulations and imported them by the method of filing an import declaration based on the certificate.

In addition, from March 24, 2016 to March 24, 2016, the Defendant imported a total amount of KRW 18,178,327,850 (total domestic wholesale price of KRW 28,582,276,494) of the cost of his/her own multi-story computer shooting equipment ACHVIVA 1.5T and ACHVIV 3.0T total of KRW 42 T.18,178,327,850 (total of the domestic wholesale price of KRW 28,582,276,494).