A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Where it is intended to import goods in violation of the Customs Duties Act and the Plant Disease Control Act, the name of the relevant goods, etc. shall be reported to the head of a customs office, and no person shall import goods different from the imported goods at the time of filing an import declaration, and no person who imports an article subject to phytosanitary measures shall file a false declaration with the head

On August 31, 2018, the Defendant imported 48 tons (the cost of goods 158,640,000 won) in the Incheon Jung-gu Port from China, and reported the importation of 47,160KG, other goods, to the effect that the Defendant would import a total of 47,160 KG, which is another goods, to the effect that the Defendant had attempted to import a total of 47,160 KG, and filed a false report on the inspection at the same time as the Defendant’s attempted importation.

2. Where a business operator violating the Special Act on Imported Food Safety Control intends to import 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;

As of August 31, 2018, the Defendant imported 48 tons from China, and did not file an import declaration with the Minister of Food and Drug Safety.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. H's certificate;

1. Seizure records;

1. Each investigation report, each report on the commencement of internal investigation, and documents attached thereto;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 271(2), Article 269(2)2, Article 241(1) (which means attempted to import smuggling), Article 47 Subparag. 6, and Article 12(1) (which means filing a false quarantine report) of the Plant Protection Act, Article 42 Subparag. 2, and Article 20(1) of the Special Act on Imported Food Safety Control (which means failing to comply with an import declaration);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.