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(영문) 서울중앙지방법원 2017.07.12 2017고단2270
관세법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 a person who imports and distributes medical devices under the trade name "E" in Gangnam-gu Seoul Metropolitan Government D.

1. No person who files an import declaration with the head of a customs office who intends to import any goods in violation of the Customs Act shall import such goods without meeting requirements for permission, recommendation, certification or other conditions necessary for import under Acts and subordinate statutes or import such

Accordingly, a person who intends to import a medical device must obtain prior permission from the Minister for Food and Drug Safety, obtain import permission or import certification according to the class of the medical device, and submit a certificate of receipt of standard customs declaration from the Korea Medical Device Industry Association at each time of importation to the customs collector.

Nevertheless, at the E office on November 11, 2015, the Defendant filed an import declaration with the head of the Incheon Airport customs office equivalent to the sum of KRW 85,063,320,00 in the cost of goods, such as G 3,200 sets and plastic bags and packaging sites, which are Class II medical devices, from G 3,200, and subsequently, filed an import declaration with the Minister for Food and Drug Safety without obtaining certification from the Minister for Food and Drug Safety, and filed an import declaration with the head of the Korea Medical Device Industry Association without obtaining a certificate of scheduled receipt of a standard customs declaration from the head of the Korea Medical Device Industry Association until May 16, 2016 by the same method four times in total, such as G 10,200, plastic cases, and plastic bags, and packaging areas, and denied the importation of the total amount of KRW 343,64,179 (the total cost of goods, 218,57,700).

2. Violation of the Medical Devices Act;

(a) No person shall repair, distribute, lease, grant, or use a medical device that has been approved, certified, or has failed to file a report, or repair, distribute, lease, store, or display a medical device that has been manufactured, imported, or displayed with intent to distribute, lease, lease,

Nevertheless, the defendant.

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