Driver Sentenced to 6 Months in Second Trial for Smuggling Chinese Garlic and Mushroom Slices via Container Swap

(CNA) Yu, along with accomplices, attempted to smuggle over 18 tons of Chinese garlic and mushroom slices by swapping containers. Yu was initially sentenced to 10 months, but the Kaohsiung High Court commuted his sentence to 8 months, considering his confession. Yang, a truck driver who was acquitted in the first trial, was reversed and sentenced to 6 months in the second trial. The verdict is still appealable.

According to a ruling by the Taiwan High Court Kaohsiung Branch, in August 2023, Yu conspired with individuals in China to load 13,800 kg of garlic and 4,400 kg of mushroom slices, with a dutiable value exceeding NT$1.03 million, into a container at Xiamen Port and ship it to Kaohsiung Port.

To evade customs inspection, Yu and others instructed truck driver Yang to pick up another container and had an unknown individual alter its container number to be identical to the original. The two planned to use this other container, loaded with legally declared radishes, to swap with the original container in the port area and pass through undetected. However, on September 5 of the same year, the Third Special Police Corps and customs officers opened the container for inspection beforehand, discovering the smuggled agricultural products on the spot, thus foiling the criminal plan.

During the first trial at the Kaohsiung District Court, Yu vehemently denied the charges and was sentenced to 10 months imprisonment and a fine of NT$300,000 for violating the Anti-Smuggling Act and other offenses. Yang, responsible for transporting the container, was acquitted due to insufficient evidence. Both the prosecution and Yu appealed to the Kaohsiung High Court.

The appellate court, in its review, considered that Yu confessed to all charges during the appeal period, showing a willingness to face judicial pursuit and an improved post-offense attitude. The smuggled goods were seized in time and did not enter the market. There was no evidence to suggest Yu had obtained any illicit profits. Therefore, the court revoked the original sentence and commuted it to 8 months imprisonment, without additional fines.

Regarding driver Yang, the appellate court judge believed that Yang had specifically obtained a dedicated work phone to receive instructions, paid the designated container fees in advance, and had been in continuous possession and transport of the container with the altered number for over 10 days during the incident. The court concluded that it was impossible for him to be unaware of the smuggling operation and thus revoked the original acquittal, sentencing him to 6 months imprisonment. The case is still appealable. (Editor: Li Heng-shan) 1150708

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