(영문) 인천지방법원 2018.04.12 2018고단1288

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(영문) 인천지방법원 2018.04.12 2018고단1288

외국환거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around December 2017, the Defendant: (a) received a proposal from Japan’s nationality B that “after purchasing gold ingot in the Red Congo to reduce the purchase fund for gold ingot, and then giving approximately KRW 500,000 won to Japan at the face value of the gold ingot by transmitting gold ingot to Japan at the Incheon International Airport Exchange; (b) obtained the proposal on December 19, 2017, using Part 721 of the Asia and Aviation (OZ) around 08:15, and received from Japan, which was sent by the name or non-specific person designated by the said B, and was discovered in the course of the search and seizure of the Republic of Korea.”

Accordingly, the Defendant, in collusion with B, attempted to export without reporting to the customs collector the means of payment exceeding 10,00 U.S. dollars.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Police seizure records and list of seizure;

1. Investigation report (in foreign currency conversion);

1. Application of Acts and subordinate statutes to the notification of detection;

1. Relevant Article 29 (2), Article 29 (1) 4, and Article 17 of the Foreign Exchange Transactions Act, Article 30 of the Criminal Act concerning the facts constituting an offense, and Article 30 of the Criminal Act;

1. Although the value of the foreign currency that the defendant tried to export is equivalent to that of the defendant for the reason of sentencing under Article 62(1) of the suspended sentence of the Criminal Act (Consideration of sentencing, etc.), considering the fact that the defendant is against his will and is the primary offender, the crime is committed in the attempted crime, the motive and circumstances of the crime, the character and conduct of the defendant, the environment,

참조조문

-형법 제30조

-형법 제62조 제1항

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