외국환거래법위반
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
(e).
Punishment of the crime
Anyone shall report to the Governor of the Bank of Korea or the head of the competent customs office to carry and export means of payment.
On December 2007, the Defendant was offered from the Hong Kong’s “C” at the end of Hong Kong to the Hong Kong, that he would arrange for the transportation of gold bars from Korea to the Hong Kong.
When it was difficult for the Defendant to directly transport gold bars due to personal reasons around January 2008, the Defendant obtained the Defendant’s consent from D and E, with the intention of “to offer air tickets and water expenses on the face of the transportation of gold bullion to Hong Kong,” and then had the gold bars carried and exported as shown in [Attachment] Nos. 7 through 9, and carried and exported gold bars as shown in [Attachment] No. 10] per annum, but was discovered and attempted by customs authorities.
Accordingly, the Defendant did not report to the relevant authorities on March 11, 2008, from March 22, 2008 to March 22, 2008, carried or exported 355,224,046 won in total from the market price of 10.3597km over four occasions, such as the annexed list of crimes, and attempted to carry or export to Hong Kong.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's interrogation protocol on D and E;
1. The police seizure record and the list of seizure;
1. Notification of detection;
1. Arrest report;
1. Gold, theft, harboring, and photograph of items;
1. Analysis report on information on the removal of the gold bullion; and
1. A written appraisal;
1. Each investigation report (report attached to a judgment) and the application of Acts and subordinate statutes (A prescription property re-determination report);
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Article 28(3) of the Addenda to the Foreign Exchange Transactions Act (Act No. 9351, Jan. 30, 2009); Articles 28(1)3 and 17 of the former Foreign Exchange Transactions Act (wholly amended by Act No. 9351, Jan. 30, 2009); Article 30 of the Criminal Act
B. Article 28(3) of the Addenda to the Foreign Exchange Transactions Act (amended by Act No. 9351, Jan. 30, 2009); Article 28(2) and (1)3 of the former Foreign Exchange Transactions Act (amended by Act No. 9351, Jan. 30, 2009); Article 17 of the former Foreign Exchange Transactions Act; Article 30 of the Criminal Act
1. Aggravation for concurrent crimes;