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(영문) 광주지방법원 목포지원 2019.05.24 2018고정271
남북교류협력에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. Where it is intended to take out or bring in the summary of the facts charged, it shall obtain approval from the Minister of Unification concerning the items, forms, methods of transaction, etc. of the relevant goods, etc., as prescribed by Presidential Decree;

The Defendant without obtaining approval from the Minister of Unification,

1. On November 17, 2017, through B residing in China, which came to know through the Maraman-si residing in North Korea on November 17, 2017, carried out 300,000 won or more of North Korea's Dara-si, etc. into the Republic of Korea through a post office international elective ship (Ems) via China.

2. As of November 28, 2017, using the method prescribed in paragraph 1(1) of the same Article, North Korean mountain tidelands and Dorari, equivalent to KRW 100,50,00, carried into the Republic of Korea via China, for international post office elective vessels (Ems).

3. In the same manner as in June 21, 2018, North Korean Industrial Complex worth KRW 73,500 was brought into the Republic of Korea via China, using international ems international services (Ems) of post offices via China.

4. As of July 15, 2018, using the method as of July 3, 2018, the number of North Korean 240,000 won was brought into the Republic of Korea via the post office of China for international calls (Ems).

5. As of July 16, 2018, using the international post office stack (Ems) for five occasions, such as bringing in the number of North Korean back water equivalent to KRW 60,000,000, in total, five times, such as a total of KRW 774,00,000.

2. Determination:

A. Article 13(1) of the Inter-Korea Exchange and Cooperation Act (hereinafter referred to as the “Act”) provides that a person who intends to take out or bring in goods, etc. under Article 13(1) shall obtain approval of the Minister of Unification with respect to the item, type of transaction, method of payment, etc. of such goods, etc., as prescribed by Presidential Decree, and any person who takes out or brings in the goods, etc. without obtaining approval under Article 27(1)3 through 13(1) of the Act shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 10 million won.

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