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(영문) 인천지방법원 2014.03.28 2014고정290

외국환거래법위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

In order to carry and bring in means of payment exceeding US$ 10,00,00, the defendant filed a report with the head of the competent customs office on November 2, 2013, but the defendant did not file a report with the head of the competent customs office while carrying in and bringing in the country one check of US$ 76,910, the face value of which was returned after settlement of accounts was deposited with the Government of the United States of America when selling houses owned by the New York to Incheon International Airport.

Accordingly, the Defendant imported the means of payment without filing a report with the customs office on a fake check which exceeds USD 76,910 ($ 81,516,909, equivalent to USD 10,000, equivalent to USD 70,917,909).

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 29 (1) 7 and Article 17 of the Foreign Exchange Transactions Act applicable to the relevant criminal facts, the selection of punishment, and the selection of fines;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. It is so decided as per Disposition by the assent of all participating Justices on the grounds of not less than Article 59(1) of the Criminal Code (it takes into account all the circumstances, such as the circumstance in which the defendant did not file an import declaration of the check of this case, the discovery of Incheon Airport Customs Office, and the absence of any criminal record).