The Supreme Court has ruled that even agents facilitating overseas purchases can be punished for violating customs law if they play a substantial role in the smuggling process by being involved in customs procedures.
The Supreme Court confirmed the lower court’s decision, which sentenced Mr. A, who was charged with violating customs law, to 1 year and 6 months in prison, suspended for 3 years.
Mr. A, who ran an overseas direct purchase company, was charged with smuggling clothing worth approximately 1.3 billion won from 2021 to 2022 and failing to pay taxes amounting to around 20 million won.
Mr. A argued that as a purchasing agent, he could not be the subject of smuggling charges according to customs law. However, the first and second trial courts ruled that Mr. A oversaw the entire process from overseas purchase to customs clearance and domestic delivery, thus fitting the legal definition of someone who “imported goods,” and sentenced him to a suspended prison term.
The Supreme Court also stated that the term “person who imported goods” in the punishment provisions of the customs law refers to someone who substantively engages in the importation process by being actively involved in customs procedures and making dominant decisions. Thus, they found no misunderstanding of the law in the lower court’s ruling and dismissed the appeal.
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