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(영문) 서울남부지방법원 2017.10.27 2017고정1501

외국환거래법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a resident of Chinese nationality who resides in Jeju B, 1201 and operates a restaurant.

When importing or exporting means of payment exceeding 10,000 U.S. dollars, it shall be reported to the head of the competent customs office.

The defendant is aware that he can purchase goods at a discounted price at the time of purchase of merchandise coupons at domestic duty-free shops, etc., and he thought that he may purchase merchandise coupons issued in Korea and carried them to China at the time of departure from Korea, and again bring them into Korea.

On April 14, 2017, the Defendant left the Republic of Korea from the Kimpo International Airport of 100,000 by taking advantage of 2815 Part 2815 of the Aviation (KE) around 15:00, and it is apparent that the “100,000 won” stated in the facts charged of the charge of KRW 100,00,000 is a clerical error in the face of KRW 460,000,000, which was carried by the Defendant and carried by the customs collector, was found in the course of the security screening of the third level of the Kimpo International Airport of 10,00,000.

Accordingly, the Defendant attempted to carry and export gift certificates worth KRW 46,00,000 (per 40,639 US dollars) without reporting to the head of the customs office.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 29 (2) and Article 29 (1) 7 of the former Foreign Exchange Transactions Act (amended by Act No. 14525, Jan. 17, 2017) applicable to the crime and the former Foreign Exchange Transactions Act (amended by Act No. 14525, Jan. 17, 2017)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;