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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative director of the Incheon Nam-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd.
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 March 17, 2014, the Defendant exported nitrok 3 Kg (Korean equivalent to KRW 148,559), which is a raw material for the manufacture of biochemical weapons, for strategic materials, to Japan via the Incheon Airport, without permission for export. From March 17, 2014 to September 2, 2016, the Defendant exported nitrok 29kg (Korean equivalent to KRW 29,045,790) as indicated in the separate list of crimes, without obtaining permission for export over 15 times in total, from March 17, 2014.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of each police officer in relation to D, E, F, and G;
1. A copy of the business registration certificate, details of export, a person in charge of export, etc., a detailed statement of export declaration, a copy of each export declaration, an export permit, etc., a statement of omission in the export declaration of strategic materials, a statement of inspection results of nitrok-mackers, and a statement of export;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant legal provisions concerning criminal facts, and Articles 53 (2) 2 and 19 (2) of the Act on External Trade in the Selection of Punishment, and Selection of Fines (see, e.g., Supreme Court Decision 2009Da14489, Apr. 2, 2009)
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;