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(영문) 부산지방법원 2018.07.18 2018고단2102

외국환거래법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. If Defendant A imports means of foreign payment exceeding 10,00 U.S. dollars, it shall be reported to the head of the competent customs office;

Nevertheless, on May 26, 2013, the Defendant had E, an employee E entering the Republic of U.S. through the Incheon Airport, carry USD 37,500 in U.S. dollars and did not report this fact to the head of the competent customs office. From that time to September 3, 2014, the Defendant did not report this fact to the head of the competent customs office.

Accordingly, the defendant imported USD 227,500 in total without reporting to the head of the customs office.

2. Defendant B, who is the representative of the Defendant, committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Each prosecutor's office against Defendant A, F, and G, and a protocol concerning the interrogation of the police;

1. Statement made by each prosecutor and police officer with respect to F, H and I;

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

1. Defendant A: Article 29(1)7 and Article 17 of the former Foreign Exchange Transactions Act (Amended by Act No. 14047, Mar. 2, 2016; hereinafter the same shall apply) on criminal facts: Articles 31, 29(1)7 and 17 of the former Foreign Exchange Transactions Act

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse (Defendant A);

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is reasonable in value of foreign currency brought in without reporting by Defendant A is disadvantageous to the Defendants.

However, there is no other illegal motive for Defendant A to commit each of the crimes in this case, and Defendant A is against his own mistake, and Defendant A is against his own mistake.