Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who imports and sells health functional foods from foreign countries while operating Internet shopping mall ‘D'.

No one shall be entitled to any reduction or exemption of customs duties by improper means.

Nevertheless, the Defendant used the fact that the customs value of imported goods is less than 1.50,00 won and that the imported goods are recognized as goods for personal use, which is exempt from customs duties, in order to unlawfully obtain exemption from customs duties by filing an import declaration in the name of a large number of persons in order to disguise the goods used by the Defendant. On October 22, 2010, the Defendant was exempted from customs duties of KRW 3,350 by an unjust means as if he/she were to use and sell the functional health foods equivalent to KRW 41,989 (market 105,408) on October 6, 2015, including that he/she was exempted from customs duties of KRW 53,50,782 (market 84,152,899) on goods for personal use until October 6, 2015, and was exempt from customs duties of KRW 4,266,782 (market 84,899) on goods for personal use.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Requesting an import company to file an accusation, such as a written accusation, report on the place of offence, and illegal reduction or exemption of health food products, and applying Acts and subordinate statutes on the handling of criminal offenses;

1. Article 270 (4) of the Customs Act and the selection of fines for criminal facts and the selective punishment;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.