The main perpetrator of the “crab smuggling” case, where Russian crabs and king crabs worth 3.7 billion won were siphoned and sold before customs clearance, has been sentenced to a heavy prison term.
On the 14th, the Supreme Court’s Second Division, led by Justice Eom Sang-pil, rejected the appeal of Mr. A, who was indicted on charges including special theft and violation of the Customs Act, confirming the lower court’s sentence of six years in prison, a fine of 15 million won, and a forfeiture of approximately 3,692,940,000 won.
From February 2023 to March 2024, Mr. A ran a seafood distribution company and was indicted for intercepting and distributing Russian crabs and king crabs that had entered the Donghae and Sokcho ports while they were being moved to temporary storage before customs clearance.
According to prosecutors, Mr. A’s group modified a refrigerated truck used for transporting seafood to include a “secret tank,” where an individual would hide inside and retrieve the seafood upon a signal. It was estimated that 65 tons of crabs and king crabs, valued at 3.69 billion won at wholesale prices, were sold in the domestic market without going through customs.
The first and second trials found Mr. A guilty of all charges and sentenced him to six years in prison, a fine of 15 million won, and a forfeiture of over 3.69 billion won. Mr. A claimed that he should be considered a simple thief for stealing items during transit, and thus it was unfair to be punished under the Customs Act for unreported imports (smuggling) and that the forfeiture was excessively high compared to his actual gains. However, this argument was dismissed.
The Customs Act stipulates that if smuggled goods cannot be confiscated, the perpetrator must forfeit the domestic wholesale price of the goods at the time of the crime. Moreover, the law allows for the full value of the goods to be forfeited from each accomplice, regardless of the actual profits derived from smuggling. The Supreme Court also confirmed the sentence, stating there was no misunderstanding of the legal principles related to the establishment of customs law violations and forfeiture.
Meanwhile, 18 other accomplices, including the refrigerated truck drivers, have also been convicted. Most received prison sentences or suspended sentences, with forfeitures ranging from approximately 23 million won to 3.73648 billion won, as per punitive forfeiture provisions under the Customs Act.