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(영문) 대전지방법원 천안지원 2015.06.25 2015고정190
남북교류협력에관한법률위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person who is a ship of Chinese nationality.

Any person who intends to take out or bring in goods, etc. of North Korea shall obtain approval from the Minister of Unification regarding the items, forms of transactions, methods of payment, etc., as prescribed by Presidential Decree.

Nevertheless, the Defendant, without the approval of the Minister of Unification on January 18, 2013, entered China from Incheon Airport to Korea, brought in 5,000 won and 24 bills of North Korea from Incheon Airport to Korea, and upon the request of the land owner C to request that “the money of North Korea be damaged” be damaged, the Defendant brought in 18 copies and 8 copies of North Korean land through Incheon Airport on July 23, 2014.

2. The interpretation of the penal provisions of judgment shall be strict, and the interpretation or analogical interpretation of the meaning of the express text to the disadvantage of the defendant is not permitted as it is contrary to the principle of no punishment without the law (see, e.g., Supreme Court Decision 2001Do5410, Feb. 8, 2002). Article 13(1) of the Inter-Korean Exchange and Cooperation Act (hereinafter “the Act”) provides that a person who intends to take out or bring in goods, etc. under Article 13(1) shall obtain approval from the Minister of Unification as prescribed by Presidential Decree with regard to the item, type of transaction, and method of payment, etc. of the goods, etc., and Article 27(1)3 of the Act provides that a person who takes out or brings in goods, etc. without approval under Article 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. In full view of the legislative purport and purport of the above provision, the following provisions shall be comprehensively defined.

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