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(영문) 서울남부지방법원 2020.02.12 2019고단4789
대외무역법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000 and by a fine of KRW 3,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Anyone shall obtain permission from the Minister of Trade, Industry and Energy when exporting strategic items (items for double-use) designated and publicly notified as goods, etc. subject to restrictions on export permission, etc. for the purposes of international peace, safety maintenance, and national security in accordance with the principles

1. On March 5, 2015, the Defendant exported 11 Denching machine (the name of the model: CM5I, price: US$83,00, US$90, US$937,290) as strategic items designated and publicly notified in accordance with the principles of international export control system, within the office B office of the Defendant’s management company with the tenth floor of the Guro-gu Seoul Guro-gu Seoul Building 10, in the same manner, from that time to February 9, 2018, the Defendant exported 11 Denmarking machine (the total price of US$40, US$440, US$47,937,159) as listed in the attached list of crimes, from that time, from that time to September 9, 2018.

Accordingly, the defendant exported strategic items without export permission.

2. The Defendant B, a representative, exported strategic items without export permission, as described in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Report on internal investigation (report on the details of acquisition and analysis, such as a technical award), professional award, and a detailed description of the product;

1. Report on internal investigation (verification of export permission by mountain transit);

1. Requests for cooperation in the provision of export clearance data, and the application of the Acts and subordinate statutes to reply to requests for cooperation in the provision of export clearance data in relation to cases violating the Subrogation Trade Act;

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 (Selection of Fines);

(b) Defendant B: Articles 57, 53(2)2, and 19(2) of the Foreign Trade Act;

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order:

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