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(영문) 인천지방법원 2020.07.22 2020고정770
외국환거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall export or import any means of payment not less than 10,00 U.S. dollars or securities without filing a report or after filing a false report.

If the amount exceeds USD 10,00 (Article 17 of the Foreign Exchange Transactions Act, Article 31 of the Enforcement Decree of the Foreign Exchange Transactions Act, Article 6-2, and Article 6-3 of the Foreign Exchange Transactions Act). If the amount exceeds USD 30,00, the Defendant is subject to criminal punishment (Article 29 of the Foreign Exchange Transactions Act and Article 40(2) of the Enforcement Decree of the Foreign Exchange Transactions Act). In collusion with B, the Defendant entered the Republic of Korea through the Incheon International Airport through the Hong Kong on November 15, 2018, the Defendant reported and exported the funds of the “return” to USD 5,70,00 ($ 185,901, USD 210,254,031, KRW 210,031,00 in travel expenses) by making a false declaration of the amount to USD 4,09,000 in Hong Kong on December 13, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning B and C;

1. Application of the Acts and subordinate statutes to the B Account Integration, the foreign currency transfer books confirmed by the account transaction details of a suspect, the foreign currency transfer books confirmed by the account transaction details, the foreign currency transfer books and the transaction details confirmed by a suspect and consolidated account, the immigration status of individuals and individuals (Evidence No. 74) and each foreign travel expense confirmation certificate, and the certificate of foreign exchange declaration (No. 121 through 124)

1. In full view of the pertinent legal provisions and the applicable provisions of Article 29(1)4 of the Foreign Exchange Transactions Act regarding criminal facts in which punishment is selected, “Article 29(2)” of the applicable provisions of the indictment refers to the names of the crimes in which the indictment is written, the facts charged, and the applicable provisions of Article 17” are stated, the phrase “Article 29(1)4” appears to be “Article 29(1) and the correction is deemed not to hinder the defendant’s right of defense; and

Article 17; Article 30 of the Criminal Act; Selection of each fine

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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