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(영문) 부산지방법원 2019.08.13 2019고단2355
식품위생법위반등
Text

Defendant

A Imprisonment for 10 months, Defendant B shall be punished by a fine of 18,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of the corporation B in Seongdong-gu Seoul Metropolitan City, and the defendant B is a corporation established for the purpose of importing and selling household goods.

1. Defendant A

(a) A person who intends to import foods, etc. for sale or business purposes of violating the Food Sanitation Act shall report such to the Minister of Food and Drug Safety;

Nevertheless, around January 4, 2016, the Defendant imported 54,00PR (goods costing to KRW 55,460,628) of an armed rioted 54,000, which is a food-use apparatus, through the Mineyang-dong 22, Jeonyang-dong, Jeonyang-dong, without filing a report with the Minister of Food and Drug Safety (Import Declaration No. D).

(b) 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;

Nevertheless, around February 22, 2016, the Defendant imported 5,00PR (goods costing to KRW 5,481,790) of the Gabyang-dong 22, Gwangju-si, Gwangju-do, through the Mineyang-dong 22-dong, without filing an import declaration (import declaration No. 5,481,790) with the Minister of Food and Drug Safety. From around that time to August 13, 2018, the Defendant imported Gabdong 16,63,805PR (goods costing to KRW 8,251,392,000) for food using the same method without filing an import declaration with the Minister of Food and Drug Safety.

(c) No import declaration shall be filed without meeting requirements for permission, approval, recommendation, certification, or other conditions necessary for import pursuant to Acts and subordinate statutes, while importing foreign goods in violation of the Customs Act (illegal import) or after meeting such requirements and conditions by fraudulent means;

Nevertheless, around January 4, 2016, the Defendant is a luminous Customs Office located in 22, Mayang-dong, Jeonyang-dong, Jeonyang-dong.

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