alert! Freight forwarder smuggled botulinum toxin with false name, fined 2.3 million and sentenced to 4 years and 9 months in prison

Recently, the Shanghai Third Intermediate People’s Court (hereinafter referred to as the Shanghai Third Intermediate Court) held a public hearing on the defendant unit Qingdao International Freight Forwarding Co., Ltd. and the defendant Zhang XX for the crime of smuggling ordinary goods and smuggling goods prohibited by the state from import and export. One case, and the first-instance judgment was made in court.

He was sentenced to both the crime of smuggling general goods and the crime of smuggling goods prohibited by the country for import and export. The defendant was sentenced to a fine of RMB 2.3 million for a Qingdao International Freight Forwarding Co., Ltd., and the defendant Zhang Moumou was sentenced to four and nine months in prison. And a fine of 100,000 yuan was imposed.

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After the trial, it was found that:

Between August and September 2020, the defendant Qingdao International Freight Forwarding Co., Ltd. was entrusted by a Korean foreign company to import matters. The actual person in charge of the company and the defendant, Zhang Moumou, knew that the goods involved in the case were Korean cosmetics, medical beauty drugs, etc. Under the circumstances, in order to seek illegal benefits, after conspiring with foreign businessmen, it was decided to entrust the customs declaration company to declare imports by means of false declaration of product names.

After investigation, the defendant Qingdao International Freight Forwarding Co., Ltd. used the above method to declare imported goods, some of which were botulinum toxin and its preparations. The Shanghai Drug Administration has determined that they should be administered as drugs and have not obtained national certification. The approval document number issued by the Drug Administration.

It was determined that the total value was more than 11.6 million yuan; the remaining cosmetics were calculated and verified by the customs, and the total tax payable was more than 6.5 million yuan.

The Shanghai No. 3 Intermediate People's Court held that the defendant, Qingdao International Freight Forwarding Co., Ltd., in order to seek illegal interests, violated customs regulations and evaded customs supervision, used false names to declare imported ordinary goods to the customs in the process of importing goods for others. Goods managed by drugs.

Among them, the tax payable for evading imported general goods amounted to more than 6.5 million yuan. The circumstances were particularly serious. The smuggled goods managed by drugs were goods prohibited from import and export by the state, amounting to more than 11.6 million yuan. The circumstances were serious.

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Defendant Zhang Moumou, as the directly responsible officer of a Qingdao International Freight Forwarding Co., Ltd., decided and directly implemented the act of false declaration of product names. The defendant's Qingdao International Freight Forwarding Co., Ltd. and defendant Zhang Moumou’s actions have been The crime of smuggling general goods and the crime of smuggling goods prohibited by the country from importing and exporting should be punished in accordance with the law, and multiple crimes should be punished. In view of the fact that the defendant unit and the defendant have surrendered, accomplices, and voluntarily pleaded guilty, and paid part of the temporary seizure before the court Circumstances such as payment and fines, the above-mentioned judgment was made.

The smuggled medical beauty products have problems such as non-inspection and quarantine, and the transportation environment is not guaranteed. They are very harmful to the society. They not only disrupt the customs supervision order and the national tax system, but also violate the national drug management system. Article 36 of the "Pharmaceutical Administration Law of the People's Republic of China" stipulates that imported drugs should be registered in accordance with the provisions of the State Council's drug regulatory department, and drugs produced by foreign companies can only be imported after obtaining the "Imported Drug Registration Certificate".

In this case, the defendant Qingdao International Freight Forwarding Co., Ltd. and the defendant Zhang XX were commissioned by others to smuggle botulinum toxin injections and Korean cosmetics and other products for profit-making purposes. It was determined that the botulinum toxin injections involved in the case should be administered as drugs, and none of them had obtained the approval number issued by the State Drug Administration.

According to the relevant provisions of the "Customs Law", goods that are prohibited by the state from being imported and exported shall be investigated for criminal responsibility for the crime of smuggling goods prohibited by the state from import and export. The remaining cosmetics involved in the case belonged to ordinary goods, and criminal responsibility was investigated for the crime of smuggling ordinary goods.