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(영문) 인천지방법원 2018.06.21 2018고단2088
외국환거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant shall report to the head of the competent customs office, when he intends to carry or export means of foreign payment exceeding 10,00 U.S. dollars as a

Nevertheless, on January 11, 2018, the Defendant: around 07:53, the mid-gu Incheon International Airport No. 1 passenger terminal located in the Jung-gu Incheon International Airport (hereinafter “Seoul International Airport”), left the Republic of Korea through Asia or air Z102; and was able to purchase virtual currency (non-tecoin) from the Defendant’s bank account; and subsequently, attempted to export the baggage by concealing it in the process of searching for the baggage of the Defendant’s 3rd passenger passenger seat 1,00 UN 5,147,5,00 UN 121 (Korean 50,529,277, US$ 10,82,277, and 489,82, and 277).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Investigation report (report on details of foreign currency conversion);

1. Application of Acts and subordinate statutes governing foreign currency photographs;

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 US$10,00 is subject to reporting, and the foreign currency size intended to be exported without reporting is considerable, etc. that are unfavorable to the Defendant. The Defendant is against the Defendant, the Defendant’s attempted crimes are committed by enforcement, and there is no other criminal history as well as the punishment imposed once for the crime of this Chapter.

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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