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(영문) 서울남부지방법원 2017.11.14 2017고단4336
외국환거래법위반
Text

1. The defendant shall be punished by imprisonment for a period of four months and a fine of ten million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a non-resident who is a person who resides in the ASEAN-Gu B 301 in Japan and works in the ICC as a remittance company in Japan.

Any resident or nonresident who intends to import a means of payment exceeding ten thousand U.S. dollars shall report it to the head of the competent customs office.

On August 13, 2017, the Defendant: (a) entered the Republic of Korea from the Hana Airport in the Dondong in Seoul to the Kimpo International Airport located in the Gangseo-gu Airport in Gangseo-gu Seoul, by taking advantage of Part 095 of the Japanese Aviation (JL) around 22:00, and (b) as an amount to be invested in the floor of a domestic company (ju), the Defendant: (c) 1300,000 UN (10,300 U.N. 10,000 U.N. 10,000) as an amount to be invested in the floor of a domestic company (ju), the Defendant was placed in the Defendant’s portable guard and travel room; and (d) the customs collector carried a daily 3 million U.

After reporting, 100 million U.N. 100 million won, which was not reported in the process of inspection by the customs office of the 1st entry port of Kimpo International Airport.

Accordingly, the Defendant attempted to import the United Nations worth KRW 100,000,000 without reporting to the head of the customs office concerned (the amount equivalent to KRW 1,045,20,000 in the United States, US$ 915,958).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written request for investigation, a declaration on travelers' personal effects, and a report on exchange rate;

1. Although the pertinent provisions of the Act on Criminal facts and Article 29(2) of the Foreign Exchange Transactions Act concerning the selective punishment do not apply to the indictment, it does not seem that the Defendant’s defense right is obvious that it is clerical error and is not infringed, an ex officio addition shall be made;

Articles 1(1)4 and 17 (Concurrent punishment of imprisonment and fine pursuant to Article 29(3) of the Foreign Exchange Transactions Act)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (Consideration of favorable circumstances, as stated below, on the grounds of sentencing)

1. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is larger than that of a foreign currency on which the reason for sentencing is not reported, is against the elements of sentencing or crime, and the fact that the foreign currency entry crime was attempted and that it was net judgment.

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