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The defendant shall be innocent.
Reasons
1. The Defendant is a person who is disqualified from North Korea as a North Korean resident.
Any person who intends to take out or bring in goods, etc. in trade between South and North Korea shall obtain approval from the Minister of Unification with respect to the items, forms of transaction, methods of settlement, etc. of such goods, etc.
In addition, after the shooting of March 26, 2010
5. They may not carry in the actual transactions of goods in North Korea as the exchange with North Korea is completely prohibited by 24 measures;
Nevertheless, on November 2016, the Defendant purchased goods from North Korea from North Korea, and sent them to North Korean residents of North Korea residing in Incheon to international home delivery, the Defendant advertised his SNS to assist the sale of the goods to C and her mother. From the end of November 2016 to the end of January 2017, the Defendant received the Defendant’s total of KRW 2,700,000, KRW 150,000, KRW 3750,000, KRW 30,000, KRW 50, KRW 100, KRW 100, KRW 50, KRW 100, KRW 500, KRW 10, KRW 500, KRW 10, KRW 50, KRW 50, KRW 10, KRW 10,000, KRW 50, KRW 500, KRW 50, KRW 10,05, KRW 5057, KRW 105,057.
2. The interpretation of the penal provisions of the relevant legal principles must be strict, and the excessively expanded interpretation or analogical interpretation to the disadvantage of the defendant is not permitted as it is against the principle of statutoryism (see, e.g., Supreme Court Decisions 2001Do5410, Feb. 8, 2002; 92Do1428, Oct. 13, 1992). Article 13(1) of the Inter-Korean Exchange and Cooperation Act (hereinafter “the Act”) intends to take out or bring in goods, etc. under Article 13(1) shall obtain approval from the Minister of Unification regarding the relevant goods, etc., form of transaction, and method of settlement, etc., as prescribed by Presidential Decree. Article 27(1)3 of the Act does not obtain approval from the Minister of Unification.