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(영문) 부산지방법원 동부지원 2020.06.11 2020고단367
관세법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an actual operator of the “C” under the Sho-gu Busan Metropolitan City, Sho-gu manufacturing and wholesale and retail chain.

A person who has filed an import declaration shall import medical devices with permission, approval, recommendation, certification, or other conditions necessary for import pursuant to Acts and subordinate statutes, and a person who intends to import medical devices shall submit to the head of a customs office a certificate of scheduled receipt of the standard customs clearance report after completing the standard customs clearance schedule by the electronic document exchange method with the head of the Association every time of importation

Nevertheless, around June 8, 2015, the Defendant imported an import declaration (import declaration number) of an amount equivalent to KRW 81,666, the cost of the goods 45,642,226, which is a first-class medical device in the Incheon Customs, from the time to July 1, 2019, without filing a standard customs clearance scheduled report with the head of the Association at least 102 times in total, as shown in the attached list of crimes, and without filing a standard customs clearance scheduled report with the head of the Association until July 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Each investigation report;

1. C's analysis of suspicion of illegal import of Ansan, corporate profilings (C), C's import history, import history of Ansans (C), inspection photographs and printed materials of import declaration, C's sales details, company profilings of medical devices, inquiries about medical device electronic civil service providers, medical device electronic civil service providers' inquiries about and marketing approval, request and replies for cooperation with the D Association's business affairs, C(F) import request and reply, output of C's or G's import declaration details of medical device import declaration, output of the import declaration (H and 10 items), preparation of an appraisal report of specific items, and application of statutes;

1. Relevant Articles 270 (2) and 241 (1) of the Customs Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is in 201.

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