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(영문) 서울중앙지방법원 2014.05.13 2014고정1396

외국환거래법위반

Text

Defendant shall be punished by a fine of 25 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who transports a small-scale export product exported to Japan in Korea and carries out a transportation business (one-time Haco) in return for aviation fees or service fees;

Export companies, such as the kinds of Korean, evaded the payment of consumption taxes (5%) and import duties (27-28%) within Japan, which are the importer, and export price for the country of exportation to Japan without filing an export declaration in a hidden manner. The export price for the country of exportation to Japan was oral agreements with Japan on the condition that they pay in cash.

Accordingly, a domestic exporter, at the request of Japan, transported the export goods to Japan without filing an export declaration, through a domestic transporter, which is capable of transporting the goods to Japan without filing an export declaration, and the export price was received from the employees of the local "B" company in Japan, who are not a L/C or a telegraph transfer, and received the export price in cash from the employees of the local "B" company in Japan, and received the export price by carrying it into Korea at the time of entry.

Therefore, the defendant accepted the clothing, etc. to be exported to Japan from the domestic transportation chain C, etc., and registered the hand freight with the personal effects of the boarding tickets to be exported to Japan from the Incheon public port, and transported it to the foreign public port, and immediately deliver the export clothing, etc. to the local home delivery company in Japan.

In order to bring in the export price in Japan, the Defendant received a transfer of the export price in Japan through the Incheon Airport and filed a false report on the “business fund” with the customs office as if the business fund was a business fund and carried and carried in the Republic of Korea, and paid to each of the relevant domestic carriers and clients.

Any person who intends to conduct foreign exchange business shall be equipped with capital, facilities and human resources sufficient to conduct foreign exchange business in advance, as prescribed by Presidential Decree.