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(영문) 서울남부지방법원 2018.12.06 2018고단2604

외국환거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person shall report to the head of the competent customs office on the export and import of any means of payment exceeding ten thousand U.S. dollars.

Nevertheless, the Defendant was found to have attempted to remove 2,2780,000,000 UN (U.S. 214,037, 227,800,000 won) from the customs office without filing a report with the head of the customs office on the aggregate of 2,278 U.S. 14,037,00,000 U.S. (U.S. 214,037, 227,800,000 won) to the 14:5 U.S. aviation (KE) on March 13, 2018 and to leave the Republic of Korea from the port of Mapo International Airport of Kimpo to Japan.

Accordingly, the defendant attempted to export the product without reporting the payment method exceeding US$10,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Notification of the detection of foreign exchange;

1. Application of Acts and subordinate statutes concerning investigation and report on exchange rates;

1. Article 29 (2), Article 29 (1) 4, and Article 17 of the Foreign Exchange Transactions Act concerning the facts constituting an offense, and Articles 29 (1) 4 and 17 of the same Act concerning the selective punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (to show that there is no record of the same kind of crime, and that there is against the crime of this case);