1. The defendant shall be punished by imprisonment with prison labor for a year and two months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Punishment of the crime

The Defendant is the representative of the E site (E) that sells the clothes, shoess, etc. of Japanese scenic items while operating an online shopping mall at the place of business located on the second floor of Busan Shipping Daegu D 301-20.

When any person files an import declaration with a customs office that intends to import goods from a foreign country, he/she shall accurately report the name, quantity, and price of the goods to be imported, and clear import clearance, and commercial goods that are not subject to simplified customs clearance procedures shall be regularly reported.

The Defendant: (a) imported the clothing purchased in Japan through a fixed import clearance and sold them; (b) when there was no domestic price competitiveness at the cost required for customs clearance, such as customs duties; (c) when an individual brought them into Korea for self-consumption through international express mail (Ems), used the fact that goods of USD 100 or less are exempted from customs duties; and (d) used the fact that an individual brought them into Korea, he did not directly deliver them to the individual as if he carried them

The Defendant’s import-type website, using the fact that the goods of USD 100 or less among the goods used by a person subject to simplified customs clearance are not illegal even through customs clearance, is actually operated as imported-type shopping mall, but the Defendant, while indicating the sales amount of the goods and displaying the purchase-type contractual terms and conditions, intends to import and sell disguised commercial goods in a disguised manner into the purchase-type website by inserting the purchase-type contractual terms and conditions, and registered the online sales website in the name of the Defendant, and advertised the consumers by posting pictures, such as Burri’s clothes, visibility, shoes, shoes, and bags, etc., of the trademark, such as Burri, and purchased the goods of USD 10 or less as the goods used by a person subject to simplified customs clearance, at the consumer’s order, and then sent the goods of USD 100 or less.