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(영문) 서울중앙지방법원 2016.10.14 2016고합800
대외무역법위반등
Text

Defendant

A Imprisonment of one year and six months, fine of 30,000,000 won, Defendant B’s imprisonment for one year and four months, and Defendant C for eight months.

Reasons

Punishment of the crime

Defendant B, from around 2002, is a person who works in the branch office of the Korea Limited Liability Company (hereinafter referred to as “KoreaK”), which is a semiconductor and electronic parts distributor, and has been engaged in the sale of semiconductors and electronic parts.

Defendant

A is a person who operates a company that engages in the export and import business of semiconductors and electronic parts in the trade name of “L”, “M”, “D”, “N of a stock company (hereinafter “N”)”, etc. after retirement from the Republic of Korea to the Republic of Korea from 2003 to 2010.

Defendant

C The manufacturers of radio communication equipment, etc. shall work as regular business of M Co., Ltd. (hereinafter referred to as "M") and manage research and development teams and business teams.

Defendant

Article 19(1) of the Foreign Trade Act (hereinafter referred to as the " Strategic Items") was partially included in the goods purchased by A via K in Korea for the purpose of inorganic manufacturing, etc.

In order to prevent the circulation of strategic items to terrorist support countries, a seller or manufacturer of strategic items shall request the importer to submit documents necessary for obtaining permission from the Einth State Authority (hereinafter referred to as the “EUS”), the final user confirmation (hereinafter referred to as the “EUC”), or the Department of Commerce and Industry Security (hereinafter referred to as the “U.S.”) of the U.S. Department of Commerce (hereinafter referred to as the “BS submission documents”) in order to require the importer to submit a final use statement (hereinafter referred to as the “BS submission documents”) stating a transaction entity to verify whether the said goods are actually being used as the content of the documents, or to visit the transaction entity to verify whether they are actually used.

【Criminal Facts】

1. Defendant A

(a) A person who intends to export strategic items in violation of the Foreign Trade Act and customs violations (illegal export of strategic items) shall be the Minister of Trade, Industry and Energy or the relevant administrative agency, as prescribed by Presidential Decree;

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