beta
(영문) 부산지방법원 서부지원 2018.10.16 2018고단1173

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

Any person shall report to the head of the competent customs office on the export or import of any means of payment exceeding ten thousand U.S. dollars.

Nevertheless, the Defendant, without filing a report on April 23, 2018, intended to depart from the Republic of Korea to red be, without holding USD 2,150,000 (Korean won KRW 292,529,000) at an international airport for Hong be, located at the port of Gangseo-gu, Busan, Busan, at around 06:40 on April 23, 2018.

X-RAY search process was detected and attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report;

1. Seizure records;

1. Application of the Acts and subordinate statutes requesting for a complaint on suspected violation of the Foreign Exchange Transactions Act;

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 sentencing of Article 62(1) of the Act on the Suspension of Execution is equivalent to the value of foreign currency in which the defendant attempted to ship out of the country, but the defendant has attempted to ship out the country, but it is recognized that the defendant committed the crime, the defendant's purpose of exporting foreign currency seems to be obvious, taking into account the circumstances favorable to the defendant's absence of a criminal record, and determining the punishment as ordered, taking into account the defendant's age, sexual conduct, environment, motive, background, means and consequence of the crime of this case, and circumstances before and after the crime.

It is so decided as per Disposition for the above reasons.