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(영문) 수원지방법원 성남지원 2019.07.23 2018고정1116
대외무역법위반
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a person who serves as an agent for exporting strategic materials located in Seongdong-gu Seoul, and the defendant B is a corporation exporting strategic materials.

Any person who intends to export strategic items designated and publicly announced by the Minister of Trade, Industry and Energy as goods subject to restrictions on export permission, etc. for the maintenance of international peace and security and national security in accordance with the rules of the multilateral international export control system shall obtain export permission from the Minister of Trade

1. Defendant A

A. On July 12, 2017, the Defendant received 18,411,000 won for a smuggling machine (name D) designated as strategic items and exported to the United States without permission from the Minister of Trade, Industry and Energy.

B. On February 14, 2018, the Defendant received 55,233,000 won from 3 smuggling machines (nameD) designated as strategic items and exported them to the United States without permission of the Minister of Trade, Industry and Energy.

2. Defendant B, as an employee of A, is the Defendant A’s employer.

(b) caused the act, such as paragraph (1), to be conducted.

Summary of Evidence

1. The defendant A's partial statement in the first trial record;

1. Statement to E by the police;

1. Answer of matters requested;

1. Application of Acts and subordinate statutes concerning investigation reports, investigation reports, and investigation reports to the Ministry of Trade, Industry and Energy;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 53(2)2 and 19(2) of the Foreign Trade Act; selection of fines

(b) Defendant B: Articles 57, 53(2)2, and 19(2) of the Foreign Trade Act;

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

1. Sentence Defendants: Fines of three million won for each of them;

1. Defendant A at a workhouse: Articles 70(1) and 69(2) (one hundred thousand won a day) of the Criminal Act;

1. Defendants of suspended sentence: Each Criminal Act.

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