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(영문) 인천지방법원 2018.06.22 2018고정1298

외국환거래법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a national resident of Gangseo-gu Seoul Metropolitan Government, 108 Dong 1003.

The Defendant, after Japan, is guilty

In k, from a new bank passbook (Account Number C) in the name of the principal to be used for shopping, travel expenses, etc. in the car, on February 22, 2018, the Japanese currency exchangeed 5 million U.N. on February 22, 2018, and 4 million U.N. after Japan

In order to carry them out at the time of departure from Korea.

When importing or exporting means of payment exceeding 10,000 U.S. dollars, it shall be reported to the head of the competent customs office.

Nevertheless, the Defendant, at around 08:45 on February 23, 2018, after using ZE) 641 letter at the port of departure of 3rd Incheon International Airport located in Jung-gu, Incheon on February 23, 2018.

During the process of getting on board a car to depart from the Republic of Korea, the said money was attempted by inserting the said money into the bank and carrying the said money to the customs collector without filing a report.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of detection;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes reporting foreign exchange conversion details;

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 penalty;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act on the condition that the amount of the criminal defendant intended to export without reporting is less than four million UN, but the criminal act of this case was attempted, and the criminal defendant was a student who had not been subject to criminal punishment until now;

1. Article 70 (1) and Article 69 (2) of the Criminal Act on the confinement in a workhouse (where a suspended sentence is invalidated or revoked)