A defendant shall be punished by imprisonment with prison labor for a period of ten months and by a fine of ten million won.

The defendant does not pay the above fine.

Punishment of the crime

The Defendant is a resident of the Republic of Korea’s nationality residing in Western-gu B apartment C, Seoan-gu, Western-si, and is a person who purchases virtual currency abroad from May 2017 to February 2018, and engages in gold sales business abroad from May 2018.

In the instant indictment, US$30,000 is indicated as “10,000,000.” However, according to the pertinent statutes, it is apparent that it is a clerical error of “30,000,000.” The indictment shall be corrected ex officio. In order to carry foreign means

Nevertheless, around May 15, 2017, the Defendant reported and exported USD 2,740 (Korean currency KRW 395,506) and USD 40,000 (Korean currency KRW 45,072,00) exchanged to the head of Incheon customs office for the purpose of purchasing virtual currency while leaving Indonesia at the departure of the third floor of the 1st passenger terminal of Incheon Airport, the Defendant reported to the head of Incheon customs office for false carrying with him/her at the travel expense, and exported the amount of USD 5,339,678 (Korean currency KRW 5,843,659,789) in total over 31 times from that time until May 14, 2018, as shown in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of the current status of travelers' entry into and departure from Korea, details of reports on carrying foreign currency, details of purchasing virtual currency, and travel expenses;

1. Entry or departure details, A foreign currency carry-out report, and import declaration;

1. Application of Acts and subordinate statutes of an investigation report (No. 17, 18, 19, 20, 21)

1. Article 29(1)4 and (3), and Article 17 of the Foreign Exchange Transactions Act regarding criminal facts; Articles 29(1)7 and (3), and 17 of the former Foreign Exchange Transactions Act (Amended by Act No. 14525, Jan. 17, 2017); Articles 29(1)7 and 17 of the former Foreign Exchange Transactions Act; both punishment of imprisonment and fine.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The defendant reports the reason for sentencing of Article 334(1) of the Criminal Procedure Act.