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(영문) 인천지방법원 2014.04.29 2014고정632

외국환거래법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

If a resident makes a payment, etc. with a person who is not a party to the relevant transaction, in settling claims or obligations arising from transactions or acts between a resident and a nonresident or between nonresidents, he/she shall report in advance to the Governor of the Bank of Korea on the method

Nevertheless, on July 4, 2008, the Defendant did not report to the Governor of the Bank of Korea on a total of 9,600,000 won, such as the receipt of KRW 9,60,00,00 from E under the name of the price for the export of cosmetics from around February 2, 2009 without reporting to the Governor of the Bank of Korea in a total of 94 times, as shown in the list of crimes in the attached Form, and received KRW 1,173,124,530 in aggregate from residents who are not parties to the relevant transaction, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Details of suspicion of D Cosmetics;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 28 (1) 2 of the former Foreign Exchange Transactions Act (amended by Act No. 9351 of Jan. 30, 2009) and subparagraph 3 of Article 16 of the former Foreign Exchange Transactions Act (amended by Act No. 9351 of Jan. 30, 2009) in relation to

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant first reported to the customs office each time he brought in cash more than 10,00,000 won, which is the standard for filing a provisional payment order. As to cash not exceeding 10,000 won, the customs office did not give any guidance as to whether not only received a report from the customs office but also at the tax office and other tax offices. As such, the Defendant did not know of the penal provisions related to criminal facts as stated in the judgment, and argued that there was a justifiable reason, the customs office at the time of bringing in cash