The defendant shall be innocent.

1. The summary of the facts charged is a general restaurant operator in the name of Guro-gu Seoul Metropolitan Government D with E.

Any person who intends to import foods, etc. for sale or business purposes shall report such foods, etc. to the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister, and shall neither sell imported foods, etc. nor gather, manufacture, import, process, use, cook, store, subdivide, transport or display such foods, etc. for sale.

Nevertheless,

A. The Defendant, without filing an import declaration, imported food for sale or for business purposes, for the purpose of using for roasting, roasting, roasting, roasting, roasting, and selling it to China. On November 201, 2013, the Defendant brought domestic packaging 1 franchi, which was purchased from Chinese name-free business persons, into the Republic of Korea, and stored in the main air conditioning of

B. On July 1, 2014, the Defendant: (a) prepared and sold a Korean package of kimchi 1, which was imported without filing an import declaration with the air conditioners at the above establishment; or (b) stored and displayed it with a view to cooking and selling.

2. The Defendant and his defense counsel’s assertion that the Defendant and his defense counsel held the following facts: domestic package kimchi as stated in the facts charged, which the Defendant kept in the principal restaurant air conditioners, was only kept for personal consumption by the Defendant or his employees; thus, the Defendant denies the facts charged by asserting that it was not imported for sale or business purposes, but for cooking or selling the above package kimchi, or storing or displaying it for such purposes.

3. Determination

A. The burden of proof of the facts charged in a criminal trial is that the prosecutor bears the burden of proof, and the conviction is true to the extent that the judge does not have reasonable doubt.