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(영문) 서울서부지방법원 2014.06.24 2013고단2804
외국환거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant received exported goods from a domestic exporter or a shipping company and delivered them to a Japanese importer, and received export payments, and delivered them to a domestic exporter or a shipping company. The Defendant is a “ncocin fee”.

Any person who intends to engage in foreign exchange business shall prepare capital, facilities and professional human resources sufficient for conducting foreign exchange business and register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree.

Nevertheless, in order to evade consumption tax (5%) and import duty (27-28%) in Japan between an exporting company such as domestic clothing, etc. and an importing company in Japan, Japan entered into an agreement with a domestic exporter or a shipping company on condition that the export price shall be paid in cash in Japan. The Defendant acquired goods to be exported from a domestic exporter or a shipping company upon the request of a shipping company requested transportation from the exporter, and carried them out to Japan by registering the baggage with the personal effects at the time of departure from Incheon public port, and then delivered them to the Japanese importer, and carried them into Korea after receiving the export price from a Japanese importer and carrying them into Korea with a domestic exporter or a shipping company with the name of a domestic exporter or a shipping company whose name is unknown to pay to the domestic exporter or shipping company.

On January 5, 2007, the Defendant, without being registered with the Minister of Strategy and Finance, returned and taken out clothes, etc. exported by “C,” etc., a trade company entrusted with transportation by an irregular domestic exporter, etc. as personal belongings at the time of boarding an aircraft, and delivered them to D, a Japanese company, to D, and received the price as export price from its employees, and carried them, and made a false report to the Incheon Airport Customs as if they were “business funds”.

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