A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant in violation of the Customs Act is a person engaged in the manufacture and sale of molds in the name of "D" in the voice group of Chungcheongbuk-gun.

No person shall acquire, transfer, transport, keep, mediate or appraise imported goods without filing a report.

Nevertheless, from November 21, 2016 to the end of the same month, the Defendant purchased approximately KRW 400,000 of the market price from F in a warehouse located in the voice group E in Chungcheongbuk-gun from November 21, 2016, and purchased KRW 35,00 tons in China.

Accordingly, the Defendant acquired imported goods without filing a declaration.

2. No person who violates the Food Sanitation Act shall sell foods, etc. imported without filing an import declaration, or import, cook, process, store or display such foods for sale;

Nevertheless, on December 6, 2016, the Defendant stored 35 tons in China at the market price of approximately KRW 400,000,000 for the purpose of sale, on the grounds that the Defendant did not file an import declaration in 2-dong of the Sound Group E store in Chungcheongbuk-gun, and did not undergo safety inspection.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the prosecution with regard to G;

1. Application of Acts and subordinate statutes to the protocol of seizure and the list of seizure (Evidence Nos 2, 3);

1. Relevant legal provisions concerning criminal facts, Articles 274(1)1 and 269 of the Act on the Selection of Punishment, Articles 94(1)1 and 44 subparag. 6 of the Food Sanitation Act, and the choice of imprisonment for each type of crime;

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 on the suspension of execution (i.e., reflectiveness, and absence of any record of the same kind of crime);

1. Article 62-2 (1) of the Criminal Act on the community service order;

1. Article 282 (1) of the Confiscation Customs Act;