외국환거래법위반
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
Any person who carries a means of payment exceeding 10,000 U.S. dollars shall report to the head of the competent customs office on Feb. 9, 2018, however, the defendant was found to have attempted to bring in the country without filing a report thereon with the head of the competent customs office in the course of security screening by using 2728 flights for aviation (KE) around 21:45 on Feb. 9, 2018, and the secretary of Japan deposited 10,00 U.S. dollars 3,929,00 U.S. dollars 3,929 (the sum equivalent to 364,005 U.S. dollars, 395,964,620) at the second level of departure from the airport to the Kimpo International Airport.
Accordingly, the defendant attempted to import more than 10,000 US dollars without reporting it.
Summary of Evidence
1. Statement by the defendant in court;
1. An inquiry into the export declaration completion, the list of foreign currency shipping declarations, and a declaration on travelers' personal effects;
1. A protocol of seizure and a list of seizure;
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. Reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The circumstances that are favorable to the defendant's reasons for sentencing under Article 62(1) of the same Act: The foreign currency value of the defendant brought in without filing a report is considerably high; the defendant's criminal records of punishment for the same type of crime are three times, such as violation of the Foreign Exchange Transactions Act, and violation of the Customs Act: the crime is attempted; the defendant's act was committed in the course of receiving and bringing in goods exported in foreign currency; the defendant submitted materials related to the crime; the defendant's act was committed in the course of receiving and bringing in goods exported in foreign currency; and the defendant reflects the recognition of the crime and wrong. As mentioned above, the sentence is determined as ordered by comprehensively taking account of the circumstances unfavorable to the defendant