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(영문) 인천지방법원 2014.11.13 2014고단6336
외국환거래법위반
Text

Defendants shall be punished by imprisonment for eight months and by a fine of eight thousand won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a person who was issued a summary order of one million won by the Incheon District Court on March 19, 2007 as a violation of the Foreign Exchange Transactions Act. B is a person who was issued a summary order of a fine of seven million won by the Incheon District Court on January 2, 2007 and was sentenced to a summary order of a fine of seven million won by the violation of the Foreign Exchange Transactions Act at the Incheon District Court on November 2, 2007. On November 12, 2008, a person who was sentenced to six months of imprisonment with labor by the same court as the violation of the Foreign Exchange Transactions Act and two years of suspension of execution by the court

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

Nevertheless, Defendant A requested Defendant B to transport the said money in lieu of China around April 21, 2014 to carry out 310,000 of the money to be used in the repayment of the borrowed money without reporting, around 14:00 on April 21, 2014. Defendant B received 310,000 U.S. dollars from Defendant A in response thereto.

Defendant

B around 16:20 on the same day, at the 16:20 Incheon International Passenger Terminal No. 1 of Incheon Port, Defendant A was packed as a newspaper and tried to board the port D in China without inserting the money into the kimchi. However, even though X-ray search process of the security screening personnel at the departure port, it was attempted to detect the U.S. dollars in the wind.

Accordingly, the Defendants attempted to carry 310,000 US dollars (Korean US dollars 321,531,000 and US$ 311,160,000 in excess of US dollars 10,000) in collusion with the customs collector without reporting to the customs collector.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E and F;

1. Records of seizure and the list of seizure;

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

1. The Defendants of relevant criminal facts: Articles 29(2) and 29(1)7 and 17 of the Foreign Exchange Transactions Act, and Article 30 of the Criminal Act (the export of means of unreported payment).

1. Article 29 (3) of the Foreign Exchange Transactions Act (Concurrent imposition of imprisonment and fine) 1. Selection of punishment;

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