(영문) 부산지방법원 2008.9.2.선고 2008고단2290 판결

Defendant A1 shall be punished by imprisonment with prison labor for four months, and Defendant A2 shall be punished by a fine of 5,000,000 won. With respect to Defendant A1, one day under confinement prior to the pronouncement of this judgment shall be included in the above sentence.

However, with respect to Defendant A1, the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive. The order of provisional payment of an amount equivalent to the above fine against Defendant A2 shall be issued.

Reasons

Criminal facts

Defendant A1 is the actual representative of Defendant A2 in Gangseo-gu Busan, and Defendant A2 is a corporation established for the purpose of manufacturing and selling special equipment.

The Minister of Commerce, Industry and Energy shall designate and publicly announce goods, etc. subject to restrictions on export permission, etc. for the maintenance of international peace and security and national security in accordance with the principles of multilateral international export control systems prescribed by Presidential Decree, and any person who intends to export strategic goods designated and publicly notified as above shall obtain export permission from

1. On November 19, 2004, Defendant A1 exported 57 (total market price of KRW 7,778,518) to Kuwait through the Incheon Airport, without obtaining permission from the Minister of National Defense, Defendant A1, a strategic item manufactured by Defendant A2, the Defendant Company of Gangseo-gu, Busan, for the following reasons: (a) a total export price of KRW 7,778,518 (the total market price of KRW 7,778,518), which is a strategic item manufactured by Defendant A2, the Defendant Company of Gangseo-gu, Busan, and (b) a total export price of KRW 67 times in the attached Form (Omission) list of crimes (A2, director A1) from around the market to April 24, 2007, without obtaining permission from the Minister of National Defense; (c) and (d) a total export price of KRW 7036,853,6365,6385,665,6385,67.

2. Defendant A2 Defendant A2, Co., Ltd., Ltd., at the same time and place as set forth in paragraph (1), and the upper defendant Al, the representative of the defendant, committed the above offense in relation to the Defendant’s business

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

○ Defendant Al

Article 54 subparag. 2, Article 21(1) of the former Foreign Trade Act (amended by Act No. 8185 of Jan. 3, 2007), Articles 54 subparag. 2, 18 through 83 of the former Foreign Trade Act (amended by Act No. 8185 of Jan. 3, 2007), Articles 53(2)2, and 19(2) of the former Foreign Trade Act (amended by Act No. 8852 of Feb. 29, 2008) (amended by Act No. 8852 of Feb. 29, 2008)

○ Defendant A2

Articles 58, 54 subparag. 2, and 21(1) [Attachment Table] 18 through 83 of the former Foreign Trade Act (amended by Act No. 8185 of Jan. 3, 2007) and Articles 57(1), 53(2)2, and 19(2) [Attachment Table] 84 of the former Foreign Trade Act (amended by Act No. 8852 of Feb. 29, 2008) and the former Foreign Trade Act (amended by Act No. 8852 of Feb. 29, 2008)

1. Inclusion of days of pre-trial detention in the defendant Al;

Article 57 of the Criminal Act

1. Suspension of execution (Defendant A1);

Article 62(1) of the Criminal Act ( normal consideration of the fact that there is no criminal record of imprisonment without prison labor or any heavier punishment, the fact that the crime of this case appears to have been committed under the lack of relevant legal knowledge and knowledge, and the fact that strategic items have been exported after an export license was granted normally from May 207)

1. Article 334 (1) of the Criminal Procedure Act (Defendant A2, a corporation);