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(영문) 인천지방법원 2018.04.25 2016노4778
외국환거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding the facts) is as follows: (a) the Defendant sought an inquiry from an airline to file a customs declaration with respect to the carry money; (b) the airline did not keep the form of the customs declaration; and (c) it is possible to file a customs declaration with respect to entry into New Zealand

After that, it was not reported due to the failure to receive the customs report form, such as asking the employees of Incheon Airport prior to passing through the security search team, but failing to inform the employees.

Therefore, the defendant did not have intention to violate foreign exchange transaction law.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below, the defendant knew that he should report to the head of the competent customs office in order to depart from the Republic of Korea by carrying more than US$10,000,00, and that the defendant could directly visit the customs office ice prior to passing through the security search stand or receive a customs declaration form from the Incheon Airport employees in charge of the confirmation of passport and boarding pass, and even if the defendant could report the customs office, he did not take such measures as above, the defendant was found to have been discovered in the process of the security search within the Incheon Airport site by carrying them out and carrying them out (According to witness G, F, and H testimony of the court below, according to the testimony of the witness G, H, and H, the defendant seems to have never sought a customs declaration or demanded a customs declaration form to the employees of the Incheon Airport prior to detection of cash in the security search stand). Accordingly, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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