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(영문) 의정부지방법원 2018.07.19 2017고정2611
외국환거래법위반
Text

The defendant shall be innocent.

Reasons

1. A report shall be filed with the head of the competent customs office on the import into the Republic of Korea of means of payment, etc. exceeding ten thousand U.S. dollars;

Nevertheless, on March 18, 2017, the Defendant attempted to import USD 1,250,000 ($ 1,414,625,000 equivalent to USD 1,414,625,00) without filing a declaration with the customs office in the process of receiving three copies of the check with C special cargo (B/L No. D) from B located in the U.S. around March 18, 2017, the Defendant was discovered to the Special Judicial Police Officer of the Incheon Customs Office, who attempted to import without filing a declaration with the customs office.

2. According to the evidence duly adopted and examined by this court, the court sent three copies of the checks as indicated in the facts charged as C in E via E on March 18, 2017 by having the Defendant, a domestic resident, the Defendant as the addressee. At the time, the name of the reporter was indicated as “DUMNT (Documents)” is recognized.

The Defendant was unaware of the fact that the Defendant sent three copies of the check.

The argument is asserted.

On the other hand, the circumstances found in the record, i.e., the three checks were issued in F with the beneficiary, i.e., the three checks were sent in F with a special invoice in order to deliver the checks to F via the Defendant, and B sent the checks to F with a “DOCENT” rather than CHECK”, ii) the B sent the checks to the Defendant with a special invoice on or around December 2016, i.e., the Defendant sent a U.S. check to the Defendant through a special invoice and was discovered in the customs, iii) the vindication submitted by B and the additional vindication submitted by the customs.

Then, it is urgent from F on March 15, 2017

In full view of the fact that “B sent a check to the magazine to prevent theft in the course of transport,” upon receiving a request, the Defendant sent a check to the Defendant through special transmission of cargo at will.

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