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(영문) 창원지방법원 2018.06.20 2018고단1194
야생생물보호및관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to export, import, take out, or bring in internationally endangered species and products processed therefrom in violation of the Protection and Management of Wild Fauna and Flora Act shall obtain permission from the Minister of Environment, while no person shall capture, collect, or purchase, transfer, arrange for transfer, take over, possess, occupy, or exhibit internationally endangered species and products processed therefrom for which no permission has been obtained;

Nevertheless, from early November 2017 to around April 2018, the Defendant ordered 4 occasions to sell the name-free wild animals and plants of Vietnam for four occasions, to wallets and spacker belts, etc. made by processing the international endangered species of franchis, malicious spers, etc., and carried them into the Republic of Korea without permission from around 2015 to around 36, 5, 5, 5, 5, 5, 5, 16, 16, 5, 5, 5, 5, 5, 5, 5, 1, 5, 5, 5, 1, 5, 5, 5, 1, 4, 5, 4, 5, 5, 5, 5, 5, 5, 5, 1, 1, 1, 5, 5, 5, 5, 5, 1, 1, 208.

As a result, the defendant brought the processed products of internationally endangered species into Korea without permission, and owned and possessed them.

2. On November 3, 2010, the Defendant violated the Immigration Control Act entered the Republic of Korea as a non-professional employment (E-9-2) qualification and stayed in Chang-si, Kimhae-si, without obtaining permission for extension of the period of sojourn until August 22, 2012, despite the expiration of the period of sojourn on August 22, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Responses to appraisal;

1. Application of Acts and subordinate statutes to response as a result of analysis;

1. Relevant legal provisions and the former Act on the Protection and Management of Wild Fauna and Flora selected for criminal facts (amended by Act No. 15196, Dec. 12, 2017);

Articles 68(1)4, 16(1)(unauthorized entry), 69(1)4, and 16.

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