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(영문) 인천지방법원 2021.02.05 2020고단11018
관세법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who runs a wholesale and retail business of dental materials under the trade name called “D” in Seoul Central and Medium-gu building C.

A "diulpine (DPEPIN)", one of the dental surgery, is a temporary water-resistant product, the import license of which is revoked from the Food and Drug Safety Agency on June 22, 2012, and the distribution, sale, storage, display, etc. is prohibited from being displayed since around February 28, 2014.

1. No person who violates the Customs Act shall acquire, transfer, transport, keep, mediate or appraise any goods which are not reported to the head of a customs office while importing such goods from a foreign country;

Nevertheless, even though the defendant knew that the above didipine was revoked import license and was a medical device prohibited from importing and distributing as above, he received a request from E, a dealer of dental materials, to seek didipine, and purchased 10 didipine (the total market price of KRW 1,100,620) that he was closely imported from the Chinese Bolilas, whose name is unknown on March 23, 2016.

In addition, from January 23, 2017 to January 23, 2017, the Defendant purchased 75 Lexpin 75 (total market price of KRW 8,254,690) that was closely imported from China, where the name cannot be known over four occasions, such as the list of crimes in the attached list of crimes.

2. No person who violates the Medical Devices Act shall repair, distribute, lease, grant, or use any medical device that has not been permitted by the Minister for Food and Drug Safety;

Nevertheless, around March 23, 2016, the Defendant received 80,000 won and sold to E, 10 DNA puline, which is a medical device that did not obtain permission from the Minister for Food and Drug Safety, as described in paragraph (1), at the above Defendant’s office, and sold, from that time, 75 (6,200,000 won in total from January 23, 2017).

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against F and E;

1. A written accusation;

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