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(영문) 서울남부지방법원 2018.07.25 2018고단1392
외국환거래법위반
Text

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

The defendant is a Korean national resident.

Any person shall report to the head of the competent customs office on the export and import of a means of payment exceeding ten thousand U.S. dollars.

Nevertheless, around January 4, 2018, the Defendant, using 8:30 on January 4, 2018, left the Republic of Korea from the GH (NH) Gan Airport of Japan to the Ganna Airport of Japan, and did not report to the head of the customs office 10,00 United Nations Republic of Korea, total of 14,00,00 United Nations (U.S. dollars 124,394 equivalent to US$ 124,394) and attempted to carry and export in the middle line of the line that the Defendant deposited, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the detection of foreign exchange;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 29 (2), Article 29 (1) 4, and Article 17 of the Foreign Exchange Transactions Act concerning the facts constituting an offense, and Articles 29 (1) 4 and 17 of the same Act concerning the selective punishment, and the choice of imprisonment;

1. Although the foreign currency amount, which was trying to take away the reason for sentencing under Article 62(1) of the Criminal Act, was not small, the sentence was imposed in consideration of the following factors: (a) the Defendant did not have any criminal record other than the two-time fine; (b) the Defendant was led to confession; and (c) the Defendant’s age, sex, environment, motive and background of the crime; and (d) the circumstances after the crime were committed.

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