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(영문) 인천지방법원 2013.06.28 2013고정1861
대외무역법위반
Text

Defendants shall be punished by a fine of three million won.

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

A is a person in charge of export of an enterprise which manufactures and exports Effectuation in Seo-gu Incheon, a corporation located in Seo-gu, Incheon, and the defendant corporation B is a corporation established to carry on the manufacturing of industrial machinery and trade business.

1. According to the principles of multilateral international export control system, Defendant A, who intends to export “ Strategic items” designated and publicly notified as items that require restrictions on export permission, etc. for the sake of international peace and security and national security, has obtained the “export permission” from the Minister of Knowledge Economy or the head of the relevant agency. However, the Defendant exported strategic items to China through Incheon on December 31, 2012 and illegally exported them without obtaining the permission of the Minister of Knowledge Economy, while exporting them into China, as items that are publicly notified at the time of export and entry of strategic items, an article that can be exclusively used for mass production of biological weapons, such as pathogenic microorganisms, etc., without the spread of rostrosss, which can be used in the production of pathogenic microorganisms, viruses, or toxins (Control No. 267,703,050, US$ 595,000).

2. Defendant B had Defendant A perform the same act as that of the above paragraph 1 in relation to the Defendant B’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to reply to the request for cooperation in export of strategic items, the notification of the results of examination as to whether it falls under strategic items, and the request for cooperation in the business related to export of strategic items;

1. Article 53 (2) 2 of the Foreign Trade Act and Article 19 (2) (Selection of Fine): Defendant B: Articles 57, 53 (2) 2 and 19 (2) of the Foreign Trade Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. The defendants' reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are the exportation of the pertinent goods to the foreign branch office of the domestic corporation.

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