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(영문) 인천지방법원 2019.05.29 2019고단1379
관세법위반등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of eight million won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, who aims at wholesale and retail business of medical devices in Gwangjin-gu Seoul and the second floor.

1. Defendant A

(a) No person who files an import declaration with the head of a customs office who intends to import goods in violation of the Customs Act shall import goods without meeting requirements for permission, approval, recommendation, certification, or other conditions necessary for import in accordance with Acts and subordinate statutes or import by unlawful means; a person who intends to import a medical device accordingly shall obtain prior permission from the Minister of Food and Drug Safety for import business, obtain import permission or import certification, or file an import declaration according to the class of the medical device; and submit a certificate of receipt of a scheduled import declaration from

Nevertheless, around March 25, 2014, the Defendant filed an import declaration with the head of the Incheon Airport customs office on an import declaration number D, and 438,003 won in the cost of medical appliances imported from E in China, and intended to denied import declaration number 138,081, which is equivalent to the volume of medical appliances imported from China, for each type of medical appliances, to the Minister of Food and Drug Safety without filing an import declaration by the head of the Korea Medical Device Industry Association, although he/she knew that the relevant imported goods were medical appliances, and did not obtain a standard customs clearance scheduled report from the head of the Korea Medical Device Industry Association, and filed an import declaration without obtaining a certificate of completion of receipt from the head of the Korea Medical Device Industry Association. From that time to August 20, 2018, the Defendant filed an import declaration with the head of the Incheon Airport at KRW 710,135,326 (market price 1,05,178,686 won) in a total of 32 times in the same way as stated in the attached Table No.336383.

(b) Any importer of medical appliances who violates the Medical Devices Act.

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