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(영문) 부산지방법원 2017.09.27 2017고단3912

대외무역법위반등

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

1. Any person who intends to export strategic materials in violation of the Act on External Trade shall obtain permission from the Minister of Trade, Industry and Energy or the head of a related administrative agency;

Nevertheless, the Defendant, while engaging in the business of manufacturing and exporting military communications equipment, exported 10 microphones, which are strategic materials, to the United States on November 3, 2010, without permission from the head of the Defense Acquisition Program, and exported 149,023 (total market value of 998,072,940 won in total) of strategic materials, such as microphones, over 208 times from around that time to March 15, 2017 in the same manner, without permission.

Accordingly, the Defendant exported strategic materials without export permission as above.

2. In exporting goods in violation of the Customs Act, no one shall meet any of the requirements for permission, approval, recommendation, certification, or other conditions necessary for export pursuant to Acts and subordinate statutes or shall meet such requirements and conditions by improper means;

Nevertheless, on August 3, 2012, the Defendant exported 50 strategic earphones to the United States without obtaining permission from the head of the defense industry, and exported 87,291 (the total market value of 592,9,760 won in total) of strategic materials, such as microphones, through the same method between around 138 and March 15, 2017, respectively, in the same manner.

Accordingly, the Defendant exported strategic materials without obtaining permission, approval, recommendation, certification, or other conditions necessary for export in accordance with the above legislation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Investigation report (No. 1) - Investigation report, investigation commencement report, confirmation report by an enterprise suspected of illegal export of strategic materials (military telecommunications equipment) and B, export details of goods suspected of B, and search output of old letters;

1. Inspection and reporting- Test results by model;

1. Survey and report- The fact that it constitutes military strategic materials;

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