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(영문) 인천지방법원 2016.07.21 2016고단2397
식품위생법위반등
Text

Defendant

A shall be punished by a fine of KRW 5 million and by a fine of KRW 4 million, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendants’ joint crimes

(a) A person who intends to conduct an import business, such as imported foods in violation of the Food Sanitation Act, shall register his/her business with the Minister for Food and Drug Safety, and when such business operator intends to import imported foods, etc. for sale, he/she shall file an import declaration with the Minister for Food and Drug Safety, and no person shall sell foods, etc., the import of which is not reported, or collect, manufacture, import, process, cook, cook, store, subdivide, transport or display such foods, etc. for sale;

Nevertheless, the Defendants conspired to import and sell low-price brains sold in China; around 09:00 on January 22, 2016, through the International Passenger Terminal 1 International Passenger Terminal of Incheon, Jung-gu, Incheon, to pay KRW 1,70,000,00,000, to the non-discepted organization for transportation charges of KRW 750,000,000, and imported foods, etc. for sale in which the Minister of Food and Drug Safety did not file an import declaration with the Minister of Food and Drug Safety.

(b) When it is intended to import goods in violation of the Customs Act, the size, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be reported to the head

Nevertheless, the Defendants, without filing a report with the head of the customs office as described in the above A., imported 750 ppuris equivalent to the market price of KRW 7,027,559.

2. The size, quantity and price of the goods concerned, and other matters prescribed by Presidential Decree shall be reported to the head of the relevant customs office before importing the goods.

Nevertheless, the defendant did not report to the head of the customs office at the same time and place as the above 1 paragraph, and imported the total amount of 831,294 won in China, carrying 10 g, 5 g, 4 g, 12 g, 12 g, and 12.

Summary of Evidence

1. Defendants’ respective legal statements 1.

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