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(영문) 인천지방법원 2018.10.19 2018고단6345

외국환거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2018, the Defendant, using the Aviation KE787 letter to Japan around 07:30 on August 10, 2018, left from the 2 passenger terminal of Incheon International Airport to Japan, and was found to have attempted to remove 15 million U.S. dollars (in excess of 10,000 U.S. dollars 139,664,00) and failed to report.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records, etc.;

1. Investigation report (in foreign currency conversion);

1. Application of the Acts and subordinate statutes to the notification of detection and the message of the entry;

1. Article 29 (2), Article 29 (1) 4, and Article 17 of the Foreign Exchange Transactions Act concerning the facts constituting an offense, and Articles 29 (1) 4 and 17 of the same Act concerning the selective punishment, and the choice of imprisonment;

1. The Defendant’s crime of sentencing on the grounds of Article 62(1) of the Criminal Act (hereinafter, taking into account favorable circumstances among the reasons for sentencing) is not reported, and the Defendant tried to take out Japan beyond the amount set by foreign exchange-related laws and regulations. The amount of foreign currency violating the obligation to report is reasonable. The Defendant appears to have been able to recognize the obligation to report on foreign currency taking out through multiple experience in entry into and departure from Korea, and thus, the possibility

The defendant has a past record of criminal punishment of five times, including one suspended sentence and one suspended sentence.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

In light of the process of detection of foreign currency revealed during the process of security screening, the Defendant cannot be deemed to have attempted to commit a crime for the purpose of committing a crime or to ship out foreign currency for illegal purposes.

The defendant stated to the effect that he was holding Japanese currency in order to purchase a well-known visibility, and seems to clearly explain the reasons for withdrawal of the fund.

The defendant appears to have caused the crime of this case due to the site of law, and there are several criminal records against the defendant, but has been punished for the same crime.