외국환거래법위반
A defendant shall be punished by imprisonment for six months and by a fine of ten thousand won.
When the defendant does not pay the above fine.
Punishment of the crime
The defendant is a resident of the Republic of Korea who resides in the Gangseo-gu Seoul Metropolitan Government apartment B apartment C and intends to carry and export means of foreign payment exceeding 10,00 U.S. dollars, shall report
On April 19, 2018, the Defendant used D at a passenger terminal of Incheon International Airport No. 2 located in Jung-gu Incheon International Airport, Jung-gu, Incheon on April 19, 2018 to use D.
In order to purchase virtual currency (non-Titcoin) at the time of departure from the Republic of Korea with US$ 100 2,800 (Korean currency KRW 298,620,000, US$ 287,95,000, US$ 10,000, and US$ 287,955,000) which were exchanged in order to purchase virtual currency (non-titcoin).
Summary of Evidence
1. Partial statement of the defendant;
1. Police seizure records and list of seizure;
1. Determination as to the assertion by the defendant and his defense counsel of the investigation report (not more than 45 pages of the investigation record)
1. The summary of the assertion was found to have been discovered to believe the result of the Internet search that there was a price for a customs declaration in the departure port after filing a report with customs office, and to pass through the security screening stand. Thus, there was no intention to commit the instant crime.
2. Determination
A. In a case where the Defendant denies a criminal intent, it is inevitable to prove indirect facts having considerable relevance with the intention given the nature of an object by means of proving indirect facts in view of the nature of an object, and what constitutes indirect facts having considerable relevance ought to be based on normal empirical rule, and the method of reasonably determining the link of facts based on the detailed observation or analysis power (see, e.g., Supreme Court Decisions 2014Do7631, Apr. 9, 2015; 2014Do14364, Aug. 29, 2016). (b) Article 2-3(1)1 of the Foreign Exchange Transaction Regulations lists the following cases where a foreign exchange bank can sell foreign exchanges in return for domestic means of payment:
(a) Where a person who intends to purchase foreign exchange intends to use it for a transaction or payment recognized for the relevant foreign exchange;