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Of the facts charged in this case against the Defendants, Nos. 2 to 12 of the annexed Table of Crimes.
Reasons
Parts of innocence
1. The summary of the facts charged in this part is that Defendant A is a person in charge of manufacturing and exporting B Co., Ltd. firearms (shots and rifless) located in D, and Defendant B is a legal entity that manufactures and sells firearms parts, etc.
Any person who intends to export military strategic items designated and publicly notified as items, etc. requiring restrictions on export permission, etc. for the maintenance of international peace and security and national security in accordance with the principles of a multilateral international export control system shall obtain export permission from
Nevertheless, Defendant A exported three kinds of 3 (F, G, and H) parts, which are military strategic items, from February 1, 2012 to January 22, 2013, at least 29,500 U.S. dollars 565,92 ($594,291,600 in the United States) through 11 times, and exported them without obtaining permission from the Administrator of the Defense Acquisition Program Administration, with regard to the export of military strategic items as stated in the attached Form No. 2 to 12.
Defendant
B A, a defendant employed by the defendant, had the defendant A perform the same act as the above criminal facts in connection with the defendant's business.
2. Whether it falls under strategic items requiring export permission by the Administrator of the Defense Acquisition Program Administration under the Foreign Trade Act;
A. The Defendants and the defense counsel asserted that the small parts of the small parts indicated in the above facts charged (hereinafter “small parts of this case”) do not constitute military supplies as defined in the export notice of strategic items, but do not constitute strategic items as defined in the Foreign Trade Act.
B. Article 9(1) of the Control of Firearms, Swords, Explosives, etc. Act (hereinafter “the Act”) provides that “any person who intends to export or import guns and explosives shall obtain permission from the Commissioner General of the National Police Agency every time, as prescribed by Ordinance of the Ministry of Security and Public Administration,” and Article 3(3) of the Act is manufactured, sold, exported, imported, or managed for military purposes.