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Defendants are not guilty.
Reasons
1. A summary of the facts charged is the actual representative director C who exercises overall control over the business affairs, management, revenue, etc. in the Dispute Resolution Company B.
Defendant
B Co., Ltd. has Defendant A as the representative director and is a corporation established for the purpose of wholesale business such as the first time for the case.
A person who intends to import food, etc. for the purpose of sale or for the purpose of business with food appliances in contact with food shall report such food, etc. to the Minister of Food and Drug Safety as prescribed by Ordinance of the Prime Minister.
A. Defendant A1) in violation of the Food Sanitation Act (from February 20, 2014 to February 4, 2016), Defendant imported 5,336,634 PC (BOX) in the first place for domestic cases of KRW 1,154,496,94 (cost 741,187,063) over 51 times in total from February 20, 2014 to January 14, 2016, without filing an import declaration with the Director of the Food and Drug Safety.
2) In violation of the Special Act on Imported Food Safety Control (from February 4, 2016 to May 20, 2020), the Defendant imported 9,407,805 PC (BOX) for domestic cases of KRW 3,848,478,132 (cost 2,676,842,987), as shown in attached Table 2, from February 4, 2016 to May 20, 2020, without filing an import declaration with the Minister of Food and Drug.
B. Defendant B Co., Ltd., as the representative director, imported Defendant B Co., Ltd.’s violation of the Food Sanitation Act (i.e., February 20, 2014 to February 4, 2016) from February 20, 2014 to December 15, 2015 in total of 44 times the market price of KRW 1,040,384,169 (cost 667,926,661 won) for domestic case 4,970,114 PC (BOX) for food and drug safety without filing an import declaration with the Minister.
2) Violation of the Special Act on Imported Food Safety Control (from February 4, 2016 to May 19, 2020), as shown in attached Table 4, the Defendant used domestic case in total equivalent to KRW 2,239,127,185 (cost 1,502,814,047) over 83 occasions from April 25, 2016 to May 19, 2020, as shown in attached Table 2,239,127,185 (cost 1,502,814,047).