beta
(영문) 인천지방법원 2011.09.09 2011노2064

외국환거래법위반

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal: ① the Defendant was unable to submit necessary documents in the Bank in accordance with the Foreign Exchange Transactions Act while exchanging 1.5 million UN in this case; the Defendant did not receive the certificate of actual completion of foreign exchange report (the certificate of confirmation) from the Bank employees; and ② even if the above provision is applied, the Defendant carried and exported foreign currency within the scope of entry into the Republic of Korea; thus, the Defendant did not require a report; ③ the Defendant was unaware of the fact that he did not receive the certificate of completion of foreign exchange report (the certificate of confirmation) from the Bank employees; thus, the Defendant did not know of the fact that he did not have to present it at the time of departure; thus, there was no awareness of illegality that the Defendant violated the duty to report customs, and even if there were justifiable grounds for error, the lower court erred by misapprehending the legal doctrine that recognized the Defendant

2. The summary of the facts charged in this case is a non-resident who resides in 306 of the east-gu Seoul Building, east-si, Japan.

When a means of payment exceeding ten thousand U.S. dollars are carried and exported, it shall be reported to the head of the competent customs office.

The defendant carried and carried money in Japan more than one time in Japan and deposited it into the national bank account in the name of the defendant, and he had the mind that he was released from the 150 Do 1,500,000 United Nations on November 11, 2010 in order to use it for opening the E store in the east of Japan, and carried and taken out to Japan at the time of departure.

On November 16, 2010, at around 08:30, the Defendant left the Republic of Korea from the Incheon Airport (0Z) to the east of Japan (0Z) by using Part 102 of the Asian Airport (0Z) which was departing from the territory of Incheon Airport on November 16, 2010, and sought to carry and export the said Japaneseization to the head of the customs office without reporting it to him.

Accordingly, the defendant did not report to the customs collector, and he did not report to the customs collector 1,500.