외국환거래법위반
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
The defendant is a person who has worked in Korea as a staff of money exchange centers.
When carrying and exporting means of payment exceeding US$10,000, it shall be reported to the customs collector.
Nevertheless, at around 06:44 September 9, 2013, the Defendant, using Part 134 of the Incheon International Airport (CA), departed from the territory of China on the basis of the Incheon International Airport (CA), and sent the bags for his travel from the third floor of the Incheon International Airport as the deposited freight, and received the departure speed, the Defendant failed to discover the intent of having the deposited freight X-RA during the process of the security screening in order to re-transfer the money in China, the sum of KRW 122,885,100, and KRW 100,000, the sum of KRW 122,885,100 ($ 112,182,000,000,0000 as of the date of the crime) and KRW 122,885,100,00,000, the Defendant tried to carry and export the deposited freight with himself without reporting to the head of customs office.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report on exchange rate;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Article 29 (2), Article 29 (1) 7, and Article 17 of the Foreign Exchange Transactions Act, the choice of punishment for the crime, and the choice of fines;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Determination as to an application for an adjudication on the constitutionality of a law under Article 334(1) of the Criminal Procedure Act
1. Article 17 of the Foreign Exchange Transactions Act is in violation of the principle of clarity under Article 12(1) of the Constitution and the principle of prohibition of comprehensive delegation under Article 75 of the Constitution, and Article 29(1)7 and (2) of the Foreign Exchange Transactions Act are in violation of Article 37(2) of the Constitution and Article 12 and Article 13 of the Constitution.
2. Article 17 of the Foreign Exchange Transactions Act (hereinafter “Act”) provides that the Minister of Strategy and Finance shall ensure the effectiveness of this Act.