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(영문) 수원지방법원 평택지원 2013.11.14 2013고정718
관세법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

A. The Defendants in violation of the Customs Act purchased the Chinese brain ginseng at a low price in the annual roadside market located in China, and disposed of it to a seller of the brain ginseng after smuggling into Korea, and offered profits to each other through public offering.

On October 26, 2011, the Defendants purchased approximately 400 p.m. 80,000 p.m. for Chinese women in China in the Chinese annual street market.

The Defendants, as above, possessed approximately 400 roots of Chinese brain ginseng purchased by mixing them with red powder powder powder, etc. in a household trip room for B, and imported them into Incheon Port on October 29, 201, in a way of entering into the Republic of Korea on October 29, 201, the amount of KRW 2,000,000 (3,000,000,000,000 per ppuri of domestic ginseng appraisal association).

(b) Any person who violates the Food Sanitation Act shall report to the Commissioner of the Korea Food and Drug Administration any person who intends to import foods for sale or business purposes;

Nevertheless, the Defendants entered the Incheon Port on October 29, 201, as a result of sales and profit-making, and imported the food equivalent to KRW 2,000,000 (the goods cost is KRW 1,200,000) in China in the same way as “A” before the Defendants entered the China Port on October 29, 201, without reporting to the Commissioner of the Korea Food and Drug Administration.

2. The sole criminal conduct of Defendant A;

A. Violation of the Customs Act (Smuggling) The Defendant: (a) requested Defendant E, who operates “D” located in Gyeonggi Yangyang-gun Co., Ltd. in August 2010, to rescue Korean brain ginseng in China; and (b) purchased the Korean brain ginseng in the Chinese Y-si; and (c) divided and shipped Defendant E into two international postal items and then divided them into three hundred and thirty (300)g, as he/she used, within the scope of a tax exemption; and (d) divided into three-five (35) Korean brain ginseng in total for the purpose of sale into small packages; and (e) 175 ppuri market price.

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