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(영문) 부산지방법원 동부지원 2019.06.12 2019고단461
외국환거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a resident of the Republic of Korea who resides in Busan Southern-gu B.

When importing or exporting means of payment exceeding 10,00 U.S. dollars, it shall be reported to the head of the competent customs office.

Nevertheless, the Defendant, who had been in possession of approximately KRW 280,000,000 in the Republic of Korea as Japan, tried to bring them out to the Republic of Korea on October 15, 2018 and to export them to the head of the customs office without filing a report, by inserting Part C at the departure site of the Kimpo Airport located in Gangseo-gu Seoul Metropolitan Government on October 15, 2018, while departing from the Republic of Korea to the Republic of Korea, using Part C, and carrying approximately 19,589,00,000 United Nations ($ 282,858,80,00 in the Republic of Korea).

Accordingly, the Defendant did not report to the head of the customs office concerned and attempted to export 28 million UN by carrying them.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the notification of foreign exchange launch, seizure records, list of seizure, exchange rate investigation and report;

1. Article 29 (2), Article 29 (1) 4, and Article 17 of the Foreign Exchange Transactions Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The suspended sentence under Article 62(1) of the Criminal Act is equivalent to the value of foreign currency that the defendant intended to export without reporting the reason for sentencing, but is equivalent to the attempted attempt, the defendant recognized and reflects the criminal act, the defendant has no criminal records exceeding the same criminal records or fines, and the defendant has no criminal records exceeding the same criminal records or fines, and the defendant's age, character and behavior, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, etc.

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