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(영문) 인천지방법원 2018.05.03 2018고단1835
외국환거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 16, 2018, the Defendant was found to have attempted to depart from the Republic of Korea without reporting US dollars 208,000 and 50,000 U.S. dollars (the amount exceeding 10,000 U.S. dollars 275,226,90 won) at around 18:55 U.S. aviation KS623 in Incheon International Airport.

Accordingly, the Defendant attempted to export the payment method exceeding 10,00 U.S. dollars to the customs collector without reporting it to the customs collector.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of detection;

1. Seizure records;

1. Application of Acts and subordinate statutes for investigation and reporting (foreign currency conversion);

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant was aware that the export of the means of payment exceeding a certain amount of money is subject to reporting, and that the foreign currency volume intended to be exported without reporting is not small, etc. is unfavorable to the Defendant. The Defendant is against the Defendant, the Defendant’s attempts are committed by enforcement, and the primary offender is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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