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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is a person who conducts an Internet purchase agency business, such as imported food, with the trade name "D" in Seoul Songpa-gu C and 302-28 of the third floor.
If an Internet purchasing agent business operator intends to import (including import as an agent) imported foods, etc. for sale or business purposes, such as imported foods, he/she shall file an import declaration with the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister.
Nevertheless, around October 24, 2017, the Defendant imported and sold food, such as H, I, J, K, and G, of an average of KRW 10 million per month from May 29, 2017 to October 30, 2017, without filing an import declaration with the Minister for Food and Drug Safety, and importing and selling it for business purposes, for four food, a customer ordered to purchase via an Internet E site (F).
2. Determination
(a) Article 42 Subparag. 2 of the Special Act on Imported Food Safety Control provides that “a person who fails to file an import declaration in violation of Article 20(1)” shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 50 million won, or both penalties shall be imposed. Article 20(1) of the same Act provides that “When a business operator intends to import (including an import declaration on behalf of the business operator) imported foods, etc. for sale or business purposes, he/she shall file an import declaration with the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister.
The term "" is defined in this section.
According to Articles 2, 15(1) and 14 of the same Act, “A business operator” refers to “a person who has registered his/her business of importing and selling imported food, etc., reporting and selling imported food, etc., reporting food, etc. imported food, etc., Internet purchasing agency business, such as imported food, and storage business of imported food, etc.” among them “Internet purchasing agency business of imported food, etc.” means “a domestic consumer at the request of the domestic consumer.”