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(영문) 부산지방법원 2020.11.25 2020고단3877
관세법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is operating a dental material selling company with a trade name, “D” in the head of Busan Dong-gu B building C.

"E", one of the dental surgery, is a temporary dives, the import license of which is revoked by the Ministry of Food and Drug Safety around June 22, 2012, and is prohibited from circulation, sale, storage, display, etc. since February 28, 2014.

The F, despite the withdrawal of the import license of the E, imported the E by using the fact that the demand for domestic dental clinics, etc. was high, was tightly imported to sell the E to dental employees, such as dental materials and dental clinics across the country, and imported the E 198 smuggling without filing a report thereon with the head of the customs office from September 12, 2014 to January 26, 2020.

1. No person who violates the Customs Act shall acquire, transfer, transport, keep in custody or arrange for the appraisal of any goods which are not reported to the head of any customhouse while importing such goods from foreign countries;

Although the Defendant knew on June 22, 2012 that the import license was revoked and was prohibited from importing from overseas and distributing in Korea, the Defendant, at around December 10, 2018, intended to purchase 20 E from F in the above “D” office (the total product cost of KRW 1,600,000, the total market value of KRW 2,515,720, and the total market value of KRW 2,200,000 from the G bank account in the name of G designated by F, and acquired 20,000 from tin.

2. No person who violates the Medical Devices Act shall repair, distribute, lease, provide, or use any medical device not permitted to import by the Minister of Food and Drug Safety, or manufacture, import, repair, store, or display any medical device for the purpose of sale, lease, granting, or use;

Nevertheless, around December 10, 2018, the Defendant acquired 20 E, a medical device that did not obtain permission for import from the Minister of Food and Drug Safety, such as the content of the above paragraph (1), and stored for sale purposes.

b)a summary of the evidence;

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