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(영문) 인천지방법원 2017.04.13 2017고단1397
외국환거래법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a non-resident who operates the store of "B" daily necessities, which is a sales store of miscellaneous goods, such as Korean milk and miscellaneous goods, located in the Chinese Peninsula as a shipbuilding of Chinese nationality.

Any person who carries and imports a means of payment exceeding ten thousand U.S. dollars shall report to the head of the relevant customs office.

1. Around January 19, 2017, Defendant 1: (a) carried in and imported 300,000,000 won (per equivalent to US$ 257,372.2) without filing a report with the head of customs office, while entering the Incheon International Airport from the south of China to purchase the Korean Industrial Products at the store of the aforementioned “B” product; and (b) carried them without filing a report with the head of the customs office, using the letter of 30,000,000 won (per equivalent to US$ 257,372.2).

2. On February 14, 2017, the Defendant used 13:40 on February 14, 2017, the CZ6073 letter, and entered the Republic of China into the Incheon International Airport, and attempted to import KRW 50,000,000, 7,914, 386, 39,560,000, 396,560,000 (U.S. dollars equivalent to 346,870.4,00) for the personal effects of employees of the customs clearance site, and failed to be discovered during the process of checking X-RAY, and precision search.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Application of Acts and subordinate statutes to investigation reports (survey as to whether a suspect has filed a report on foreign exchange and a certificate thereof);

1. Relevant Article of the Act and Article 29 (1) 7 of the Foreign Exchange Transactions Act (as regards Article 29 (2) of the said Act as stated in the judgment below, addition to Article 29 (2) of the said Act), Article 17 of the said Act, the selection of fines for criminal facts (as regards Article 29 (3) of the said Act, taking the following favorable circumstances):

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. It is disadvantageous to the defendant that the scope of the closure provided for the crime of failure to report two times the reasons for sentencing Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is considerable.

However, there is no discovery of the proviso to the distribution of illegal funds.

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