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(영문) 인천지방법원 2017.09.28 2017고정1912

외국환거래법위반

Text

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

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

Reasons

Punishment of the crime

Defendant

A is a Chinese ship resident who resides in No. 616 of the D Building in Seocheon-si and works for the "E" to sell cosmetics.

In order to carry and export means of payment exceeding 10,00 U.S. dollars, the Defendant reported to the customs collector.

The Defendant exchanged Korean cosmetics into US dollars 60,000 (Korean conversion amounting to KRW 67,926,000, and KRW 56,605,000,000 in excess of KRW 10,000) in private exchange stations located in Seoul, Seoul, and tried to use the money collected by the Defendant for business start-up expenses, etc. of a company to sell cosmetic as red be.

On May 9, 2017, around 08:55, the Defendant was exposed in the process of X-ray search of security personnel at the 2nd head of the Incheon International Airport No. 3rd International Airport, when leaving the Republic of Korea to the Red Congo at the Incheon International Airport (7C) 2101, without reporting the above US$ 60,000.

Accordingly, the Defendant attempted to export 60,000 U.S. dollars exceeding 10,00 U.S. dollars without reporting to the customs collector.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure;

1. Application of Acts and subordinate statutes for investigation and reporting (foreign currency conversion);

1. Article 29(2), Article 29(1)7, and Article 17 of the former Foreign Exchange Transactions Act (Amended by Act No. 14525, Jan. 17, 2017; Act No. 14525, Jan. 17, 201); and the selection of fines for criminal facts;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.