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(영문) 부산지방법원 2016.05.26 2016고정859
외국환거래법위반
Text

Defendant

A shall be punished by fine for negligence of KRW 2,000,000, and by fine of KRW 3,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a company that manufactures and sells air conditioners parts, etc., Defendant A is the representative director of Defendant B, C is the employee of the D Co., Ltd., and E is the employee of the B Co., Ltd. and the head of the D Co., Ltd.

Any person who intends to import means of payment or securities exceeding ten thousand U.S. dollars from a foreign country shall report to the head of the competent customs office.

1. On May 10, 2012, Defendant A carried and imported USD 25,295, which is the means of foreign payment, which was possessed by Defendant A entering the Republic of Korea through Incheon Factory, and did not report to the head of the competent customs office.

2. In relation to Defendant B’s business, Defendant A’s representative director, who is the Defendant’s agent, carried and imported USD 25,295 as stated in the above paragraph (1). The Defendant’s employee, entering Korea through Incheon Airport on July 8, 2012 through the Incheon Airport, carried and imported USD 20,240 to be delivered to Defendant A. The Defendant’s employee, carried and imported USD 20,240 to be delivered to Defendant A. On April 25, 2013, the Defendant’s employee, carried and imported USD 20,000 to be delivered to the Defendant through Incheon Airport, and did not report each of the above facts to the head of the competent customs office. The Defendant failed to exercise due care and supervision over the prevention of the said agent’s and the user’s violation.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol of suspect interrogation of each police officer in relation to C and E;

1. Statement made by the police with regard to F;

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

1. Application of Acts and subordinate statutes on investigation, report and accompanying materials;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 29(1)7 and Article 17 of the Foreign Exchange Transactions Act, and the selection of fines

B. Defendant B: Articles 31, 29(1)7, and 17 of the Foreign Exchange Transactions Act

1. Defendant B who increased concurrent crimes: the former part of Article 37 and Article 38(1) of the Criminal Act.

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