A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

No one shall sell foods imported without filing an import declaration, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such foods for sale.

Nevertheless, from around December 10, 2015 to August 16, 2016, the Defendant: (a) purchased food, such as ground, bean, shoulder, melting, melting, and drilling, on an average of 300 km at a wharf, without filing an import declaration with Chinese merchants on the name-free international passenger ship B, located in the 2nd International Passenger Terminal Collection Office located in Jung-gu, Jung-gu, Incheon; and (b) sold to an unspecified merchant conducting funeral services at the wharf; and (c) stored approximately 2,421 g food, such as ground bean, remaining bean, in the agricultural product storage in the Nam-gu, Incheon; and (d) continuously, from around 14:00 on August 17, 2016 to around 16:30, the Defendant collected food, namely, 15km, agricultural products transported, 20km, 15g, 15g, 15g g, and 15g.

Accordingly, the Defendant stored the imported foods for sale in total 2,51kg that did not file an import declaration.

Summary of Evidence

1. Defendant's legal statement;

1. Scenic photographs of smuggling imported agricultural products;

1. Application of Acts and subordinate statutes to report voluntary seizure lists, and reports on occurrence and autopsy of cases violating the Food Sanitation Act;

1. Article 94 (1) 1 and Article 4 subparagraph 6 of the Food Sanitation Act and the choice of punishment for a crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The fact that a person has been sentenced to a fine for the same kind of crime as the sentencing of Article 62-2 of the Probation Criminal Act but again commits the instant crime is committed under a unfavorable condition, such as the fact that he/she is repenting and not committing the instant crime, shall be considered as favorable circumstances, and the age, character and conduct, environment, etc. of the Defendant is considered as favorable.