The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant: (b) made domestic consumers enter a foreign distributor on the website; and (c) visited the above website to purchase food of the said distributor; and (d) it constitutes a purchase agency.

Therefore, the judgment of the court below which acquitted the defendant on the ground that the defendant's business method constitutes an act of mediating sale between the domestic consumer and the overseas distributor.

2. Determination

A. The summary of the facts charged in the instant case is a person who conducts an Internet purchase agency business, such as imported food, with the trade name “D” in Seoul Songpa-gu C and 3 floors 302-28.

If an Internet purchasing agent business operator intends to import (including import as an agent) imported foods, etc. for sale or business purposes, such as imported foods, he/she shall file an import declaration with the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister.

Nevertheless, around October 24, 2017, the Defendant imported and sold food, such as H, I, J, K, and G, of an average of KRW 10 million per month from May 29, 2017 to October 30, 2017, without filing an import declaration with the Minister for Food and Drug Safety, and importing and selling it for business purposes, for four food, a customer ordered to purchase via an Internet E site (F).

B. The lower court and the lower court determined that the Defendant registered the Internet purchase agency business, including imported food, under the trade name of “D”, and operated the Internet E site (F) under the trade name of “D.” However, the business method of the above Internet site is about the food, etc. supplied by an overseas distributor, such as Japan and the U.S. company, by concluding a global accelerator contract with the Defendant.