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(영문) 인천지방법원 2018.01.18 2017고단7212
대외무역법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of Pyeongtaek-si E in the dispute resolution committee in Pyeongtaek-si D.

Any person who intends to export strategic materials, such as those requiring restrictions on export permission, in accordance with the principles of an international export control system for international peace and security and national security shall obtain export permission from the Minister of Trade, Industry and Energy or the head of the relevant administrative office, as prescribed by Presidential Decree.

Nevertheless, around December 29, 2010, the Defendant exported Zironum 1BT (Zironum equivalent to KRW 9,149,917) of Zironum, which is a strategic material used for covering nuclear power plants, nuclear power plants, nuclear reactors produced by the said company without such export permission, through the Incheon International Airport, Jung-gu Incheon International Airport. From December 29, 2010 to April 11, 2017, the Defendant exported Zirium 481BT (the declared price of KRW 14,581,238,487) as a strategic material without obtaining export permission over 84 times in total, as shown in the list of crimes, from around December 29, 2010 to April 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of each advance ruling, each export history status, each export declaration copy, each quality and health data, and each strategic material determination data;

1. Relevant legal provisions and Articles 53 (2) 2 and 19 (2) of the Act on External Trade in the Election of Criminal Offenders, and the choice of fines for the crime (the following grounds shall be taken into account);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the provisional payment order is not smaller than the size of strategic materials exported without export permission through the instant crime.

However, the defendant recognizes all of the crimes of this case and reflects his mistake in depth, and the defendant appears to have caused each of the crimes of this case on the site of law (the defendant's export of strategic materials).

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