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(영문) 서울중앙지방법원 2012.08.13 2012고합337

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

1. Defendant A shall be punished by a fine of KRW 3,000,000.

2. When Defendant A does not pay the above fine, 50.

Reasons

Punishment of the crime

Any person who intends to sell a radiation generating device (a device that generates the maximum energy exceeding 5 keV using an artificial device) shall obtain permission from the Minister of Education, Science and Technology.

Nevertheless, Defendant A concluded a contract with the head of the Gun headquarters to purchase 25 kinds of explosives, such as a lister for transporting explosives for the AFstan, and supply related equipment. Under the above contract, Defendant A sold the radiation generating device of “E” to the Gun headquarters around December 8, 2010 under the above contract without obtaining permission for the sale of radiation generating devices.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of F, G, H, and I with respect to each police officer's statement [the statement of evidence list Nos. 5 (hereinafter referred to as "Evidence List Nos.") is omitted and only the pertinent number is given;

(i) 138,186,226,253,254)

1. Application of Acts and subordinate statutes to the materials related to supply (264) after the announcement of the tender with regard to Class 25 purchasing projects, such as output of the announcement (139), item of the announcement (140), item of the announcement (141), item of the purchase specifications (14), E explanatory note (211), supply lists (212), tax invoices (213), detailed details of radiation generating devices (230), customer ledger (231), and list of explosives transport boxes, etc.;

1. Article 117 Subparag. 1 of the former Atomic Energy Act (amended by Act No. 10909, Jul. 25, 201; hereinafter the same shall apply) and Articles 65(1)1 and 117(1) of the same Act concerning criminal facts;

1. Determination on the assertion by the Defendant A and the defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. Summary of the assertion

A. Article 53 of the Defense Acquisition Program Act, a special law, other than the former Atomic Energy Act, shall apply to the supply of the instant devices by E (hereinafter “instant devices”), and Defendant A transferred the instant devices, which are storage equipment, after obtaining permission from the Defense Acquisition Program Administration in accordance with the Defense Acquisition Program Act, constitutes lawful supply.

B. The defendant A is guilty of law (Article 16 of the Criminal Act).