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(영문) 인천지방법원 2018.05.30 2018고단2744
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 March 18, 2018, the Defendant was found to have sought departure from Korea on March 18, 2018 without reporting 20,000,000 UN (an amount equivalent to 200,518,000,000 US dollars, and an amount equivalent to 189,860,000,000 US dollars) at the international air port of Incheon, using the Pacific CX419.

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. Seizure records;

1. Application of Acts and subordinate statutes to the notification of detection;

1. Relevant Article of the Act on Criminal Facts and Article 29 (2), Article 29 (1) 4, and Article 17 of the Foreign Exchange Transactions Act concerning the selective punishment;

1. Based on the grounds for sentencing under Article 62(1) of the Criminal Act, the sentencing conditions set forth in the trial process of this case, including the Defendant’s age, sex, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as set forth in the Disposition above.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The defendant is an initial offender who has no past record of punishment.

Disadvantageous circumstances: The amount of foreign currency in which the defendant attempted to take away is very large.

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