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(영문) 서울동부지방법원 2013.07.18 2013고정270

외국환거래법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, the fine shall be respectively imposed.

Reasons

Punishment of the crime

If a resident who is a national exports a means of payment exceeding 10,000 U.S. dollars, he/she shall report it to the head of the competent customs office.

On May 5, 201, the Defendants agreed to depart from the Republic of Korea with F for the purpose of using 216,00 U.S. dollars for the necessary expenses, such as storage fees, etc. in order to recover goods stored in the two parts of the U.S. E. E. E. E. E. F., the Defendants conspired to carry 148,50 U.S. dollars in total and carry 148,500 U.S. dollars, and to file a false report on the purpose of use with the head of the competent customs office.

On May 23, 2011, the Defendants reported the shipment purpose to the head of the competent customs office when they depart from the supply port of Jung-gu Incheon, Jung-gu, Incheon, the Defendants respectively, to US$ 34,00, and F to US$ 46,500, and to the head of the competent customs office when they reported the export of the means of payment to the head of the competent customs office.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to each investigation report and each certificate of completion of foreign exchange report;

1. Relevant Articles 29 (1) 7, 17, and 30 of the Foreign Exchange Transactions Act (hereinafter the same shall apply) concerning criminal facts and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendants and the defense counsel on the grounds of conviction and sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order were in this court, leading the above facts charged by F in the process of filing the instant report, and the Defendants asserted to the effect that since F was signed by F in the report completion certificate, the criminal intent cannot be recognized.

It will contribute to the sound development of the national economy by ensuring the freedom of foreign exchange transactions, foreign exchange transactions and other foreign transactions, and by promoting the facilitation of foreign trade, balance of international payments and stabilization of monetary values.