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(영문) 서울남부지방법원 2018.05.18 2017고단6142

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 resides in Jung-gu B and 4 Seoul Central Government.

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, at around 16:45 on July 27, 2017, the Defendant, using 1165 of Asia and aviation (Z) around 16:1,00, departing from the airport of Gangseo-gu Seoul Metropolitan Government to the airport of Austria, and did not report to the customs collector 1,487, total amount of 1,487,00 UN (US$ 133,771) and intended to export by inserting it into the Defendant’s bank without reporting it to the head of the customs office. The Defendant attempted to export by inserting it into the Defendant’s bank in the course of security screening of the deposit site of 2nd baggage of the Kimpo International Airport.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the notification of detection;

1. Investigation report on exchange rate;

1. Application of Acts and subordinate statutes on seizure records;

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 punishment, and the choice of imprisonment;

1. Although the foreign currency amount, which was trying to take out the grounds for sentencing under Article 62(1) of the Criminal Act, was not small, the sentence was imposed in consideration of the following factors: (a) the Defendant did not have any criminal record; (b) the Defendant was led to confession; and (c) the Defendant’s age, sex, environment, motive and background of the crime; and (d) the circumstances after the crime were committed.