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(영문) 인천지방법원 2020.05.13 2020고단153
외국환거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding twenty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

According to Article 29(1)4 of the Foreign Exchange Transactions Act and Article 40(2) of the Enforcement Decree of the Foreign Exchange Transactions Act (amended by Presidential Decree No. 28145, Jun. 27, 2017; effective July 18, 2017), a person subject to criminal punishment under the said Act and subordinate statutes is limited to cases where the amount of violation subject to reporting exceeds US$ 30,000,00, and thus, “10,000” written indictment is corrected ex officio as “30,000,000.”

(A) If the indictment is corrected without the amendment procedure, it does not seem that there is no substantial disadvantage in the exercise of the defendant's right to defense. They shall not export or import more means of payment or securities.

1. On July 3, 2019, the Defendant, without filing a report with the head of the customs office on July 3, 2019, left Korea through the Kimpo International Airport and sought to export smuggling by inserting 40 million UN ( approximately KRW 431,98,00 in the Chinese Republic of Korea) into a special-produced book, thereby creating a space in the field of strike. The Defendant attempted to export smuggling and was exposed during the process of security screening.

2. After filing a false report, the Defendant exported USD 1,50,000 ($ 150,680,000 in Hong Kong) or USD 2,15,000 in Hong Kong ($ 248,115,00 in Chinese travel expenses) to the extent that the Defendant entered the Republic of Korea to Hong Kong through the Incheon International Airport on June 6, 2019, with a view to repaying the debt to the branch residing abroad, after filing a false report, the Defendant exported the amount of USD 1,42,938 in total on three occasions from around that time until June 27, 2019, including the export after filing a false report.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the suspect's entry and departure record, foreign exchange completion certificate, and the suspect's overseas travel expenses certificate;

1. Photographs of tools and photographs used for committing the crime;

1. Notice of foreign exchange launch, and investigation and report on foreign exchange rate;

1. The application of the law of seizure and list of seizures.

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