The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The fact-finding of facts as to the violation of the Foreign Trade Act, and the fact that the Defendant tried to export by the misapprehension of the legal principle is merely an index white, and thus does not constitute “a person who intends to export goods which are highly likely to be used for the purpose of manufacture, development, use, storage, etc. of weapons of mass destruction, etc.” (deficiencies) and even if it was subject to the above situation permission, the export notice of strategic items was revised on May 1, 2012, and the above F was excluded from the likely trader of strategic items of the Ministry of Knowledge Economy. Thus, this part of the facts charged is not guilty in accordance with Article 1(2) of the Criminal Act.

(legal scenarios). (b)

The sentence of the lower court on unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Judgment of misconception of facts and misapprehension of legal principles as to violation of the Foreign Trade Act

(a) A person who intends to export strategic items in the facts charged shall obtain permission from the Minister of Knowledge Economy or the head of the relevant administrative agency, as prescribed by Presidential Decree, and shall obtain a situation permission from the Minister of Knowledge Economy even in cases where such items are exported to a prospective trader publicly notified by the Minister of Knowledge Economy due to temporary occurrence of any change in international circumstances or

Nevertheless, on July 22, 2011, the Defendant exported to the Mineyang Customs Office an export declaration (report number E, July 20, 201) equivalent to KRW 216,071,800, in the name of the Defendant’s representative, to the “F” of the Ministry of Knowledge Economy publicly notified as a potential trader by the Minister of Knowledge Economy (hereinafter “F”), and exported the BY 302.4MT to the “F” of the Ministry of Knowledge Economy, without obtaining a situation permission from the Minister of Knowledge Economy.

B. The main contents of the relevant laws and regulations are as follows.

[Foreign Trade Act Article 19 (Public Notice of Strategic Items, Export Permission, etc.)