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(영문) 서울서부지방법원 2013.08.21 2013고정1585
대외무역법위반
Text

Defendants shall be punished by a fine of two million won.

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a legal entity established for the purpose of producing and selling NAC equipment and virtual network equipment, etc., and Defendant A is the representative director of Defendant B.

Any person who intends to export goods, etc. designated and publicly notified as strategic items shall obtain permission from the Minister of Knowledge Economy, as prescribed by Presidential Decree.

1. On March 15, 2012, Defendant A exported 380 vehicles, which were designated as strategic items, to Thailand, without obtaining permission from the Minister of Knowledge Economy. On June 15, 2012, Defendant A exported 380 vehicles, which were designated as strategic items, to the Republic of South Africa (total amounting to 21,092,40 won).

2. The Defendant B, a representative of the Defendant, committed the act as referred to in paragraph (1) in relation to the Defendant’s business at the same time and place as that of paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes to a copy of a statement of acceptance of export declaration, reply to the provision of data related to export of strategic items, and notification of review results

1. Article 53(2)2 and Article 19(2) of the former Foreign Trade Act (Amended by Act No. 11690, Mar. 23, 2013; hereinafter the same shall apply); Articles 57, 53(2)2 and 19(2) of the former Foreign Trade Act; Articles 57, 53(2)2 and 19(2) of the former Foreign Trade Act; Selection of fines;

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant A of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

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