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(영문) 인천지방법원 2017.06.02 2016고단6408

관세법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual representative of E engaged in import of medical appliances and wholesale and retail business in Gangseo-gu Seoul Metropolitan Government D Building 301.

1. Where it is intended to import sealed imported goods, the name, standard, quantity and price of the relevant imported goods and other matters prescribed by Presidential Decree shall be reported to the head of a customs office and shall not file a declaration thereon with the relevant imported goods different from the relevant imported goods

On June 3, 2011, the Defendant imported a medical device for internal use, which is equivalent to three kinds of goods and the cost of 1,426,290 won, from the POUL US missions in Germany, from June 3, 2011. In order to avoid import requirements such as import permission, reporting, etc., the Defendant imported a medical device for internal use by filing a report with the parts and components of the equipment for internal use, other goods not identical to the imported goods, in order to avoid import requirements such as import permission, reporting, etc., of the Director of Food and Drug Safety.

From that time to August 24, 2012, the Defendant imported 20 points of the cost of the goods at least 4,161,303 won in total four times, as set out in Appendix 1 (Smuggling imports).

2. When the head of a customs office files a report on the name, size, quantity, and price of imported goods and other matters prescribed by Presidential Decree to import medical appliances under the Illegal Imported Medical Devices Act with the head of the relevant customs office, he/she shall obtain prior permission or a report from the Minister of Food and Drug Safety and obtain a certificate of receipt of standard customs clearance scheduled report from the Association of the Korea Medical Devices Industry every time of importation, and shall not obtain necessary permission, approval, recommendation, certification, or other conditions or shall not be imported in an unlawful manner;

On December 19, 2011, the Defendant imported a medical device equivalent to KRW 2,77,00,753 from Japan's KRN MDA INC, and without obtaining permission or reporting from the Director of Food and Drug Safety.

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