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(영문) 인천지방법원 2018.09.07 2018고단5331

외국환거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Any person shall report to the head of a customs office to carry and export a means of payment exceeding ten thousand U.S. dollars.

around 18:55 on January 19, 2018, the Defendant, at the Jung-gu Incheon International Airport, did not report to the head of the relevant customs office at the Incheon International Airport, 272 Incheon International Airport, and was attempted by inserting USD 1,414,50 ($ 180,919.5, USD 193,475,310, US$ 193,310) into a portable household and exposing it to carry it into Makao.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a criminal investigation report (report on foreign currency conversion);

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. Article 62(1) of the Criminal Act provides that the foreign currency amount in which the defendant was trying to get out of the Republic of Korea is considerably high.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The crime was committed through attempted crimes.

The Defendant has no record of criminal punishment prior to the instant case.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.