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(영문) 인천지방법원 2020.05.15 2019고정2486
대외무역법위반등
Text

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

Reasons

Punishment of the crime

The facts charged were revised ex officio to the extent that it does not infringe the defendants' right of defense.

Defendant

A is the representative director of Seocho-gu Seoul Metropolitan Government C building and Defendant B (hereinafter referred to as “Defendant B”) for the purpose of exporting and importing valves from the head of Seocho-gu Seoul Metropolitan Government.

Any person who intends to export strategic items designated and publicly announced by the Minister of Trade, Industry and Energy in accordance with the principles of multilateral international export control systems of the Minister of Trade, Industry and Energy in order to maintain international peace and security and to restrict export permission, etc. shall obtain export permission from the Minister of Trade, Industry and Energy or the heads of relevant administrative agencies, and shall not obtain permission, etc.

1. On January 29, 2019, Defendant A, without permission from the Minister of Trade, Industry and Energy, filed an export declaration of 1,833,039 KRW 1,83,039 of the market price designated as strategic items, and subsequently filed an export declaration, Defendant A attempted to export 90 valves 197, which are strategic items equivalent to KRW 58,229,440 of the market price as indicated in the attached crime list between April 30, 2019 and April 30, and intended to export 197 of valves 197, which are strategic items of KRW 148,972,536 of the market price.

2. Defendant B’s representative director, the Defendant B, committed the Defendant’s act of violation as described in paragraph (1) between January 29, 2019 and April 30, 2019.

Summary of Evidence

1. Defendants’ respective legal statements

1. Export documents related to this case, including details of customs clearance of identical goods in the past, details of permission for strategic items in the past, safety inspection results, etc.;

1. Application of the statutes on exposed photographs;

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 (including export of strategic items without permission and export date; hereinafter the same shall apply); Articles 55, 53(2)2 and 19(2) of the Foreign Trade Act.

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