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(영문) 서울서부지방법원 2014.06.27 2013고단2807

외국환거래법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant received exported goods from a domestic exporter or a shipping company and delivered them to a Japanese importer's side and received export payment and delivered them to a domestic exporter or a shipping company.

Any person who intends to engage in foreign exchange business shall prepare capital, facilities and professional human resources sufficient for conducting foreign exchange business and register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree.

Nevertheless, in order to evade consumption tax (5%) and import duty (27-28%) in Japan between an exporter such as domestic clothing, etc. and an importer in Japan, Japan entered into an agreement under the condition that the export price shall be paid in cash in Japan by a domestic exporter or an exporter. The Defendant acquired goods to be exported from him at the request of a transportation company requested by the transportation company or an exporter, and taken them out from Incheon public port to Japan by registering the baggage with the personal effects at the time of departure from Incheon public port, and delivered them to the Japanese importer after receiving the export price from the Japanese importer, and carried them to the Japanese exporter or transportation company with the name of the domestic exporter or transportation company to pay the export price to the domestic exporter or transportation company.

On January 5, 2007, the Defendant, without being registered with the Minister of Strategy and Finance, returned and removed clothing and other articles such as clothes, etc. requested by the domestic transportation chain as personal belongings at the time of boarding an aircraft, and delivered them to the side of the “Akra”, which is a Japanese business entity, and received the price from the employees of the United Nations 32,160,000 from the employees of the Incheon Airport, and carried them into the Republic of Korea, and falsely reported and brought them into the Incheon Airport Customs as if they were business funds, and then delivered them to the domestic business entity, such as the “Akra”.