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(영문) 서울남부지방법원 2018.10.12 2017고단3330

외국환거래법위반

Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a resident of Korean nationality who had resided in Jeonnam-do 509 Dong-dong 2007, Jeonnam-do.

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

Nevertheless, around 11:10 on March 30, 2017, the Defendant, using Part 864 of the Public Veterinarians of Japan (NH) around 11:50 prior to the departure of the Republic of Korea from the Kimpo Airport to the Dana Airport of Japan. In order to use it as the marriage fund for children, the Defendant did not report to the head of the customs office the day-to-day 1,550, the total amount of 1,550,000 U.S. (U.S. 139,494) and intended to carry and export it into the bank possessed by the Defendant. However, the Defendant attempted to carry and export it in the course of the security screening, and did not commit any attempted crime.

Summary of Evidence

1. Notification of detection;

1. Application of Acts and subordinate statutes to the police interrogation protocol to the accused;

1. Article 29 (2), Article 29 (1) 7, and 17 of the Foreign Exchange Transactions Act concerning the facts constituting an offense, and Articles 29 (1) 7 and 17 of the same Act concerning the option of punishment, and the choice of imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence were the primary offender, the attempted offender, the elderly, and other circumstances revealed in the records of this case, including the character and conduct of the defendant, environment, motive, means and consequence of the crime, and the circumstances after the crime.