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(영문) 서울서부지방법원 2014.06.13 2013고단2803
외국환거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant received exported goods from a domestic exporter or a shipping company and delivered them to a Japanese importer's side, and received export payments, and delivered them to a domestic exporter or a shipping company.

Any person who intends to engage in foreign exchange business shall prepare capital, facilities and professional human resources sufficient for conducting foreign exchange business and register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree.

Nevertheless, in order to evade consumption tax (5%) and import duty (27-28%) in Japan between an exporting company such as domestic clothing, etc. and an importing company in Japan, Japan entered into an agreement on the condition that the export price is paid in cash in Japan by a domestic exporter or an exporting company. The Defendant received goods to be exported from the shipping company upon the request of the shipping company requested for transportation from the exporting company or the shipping company, and carried them out to Japan by registering the baggage as the personal effects at the time of departure from Incheon public port, and then delivered them to the Japanese importer, and carried them into Japan after receiving the export price from the Japanese importer, and then delivered them to the Japanese exporter or shipping company with the name of the domestic exporter or shipping company to pay it to the domestic exporter or shipping company.

On February 2, 2007, the Defendant, without being registered with the Minister of Strategy and Finance, returned and shipped the items such as clothing, etc. exported by a non-domestic exporter into personal belongings at the time of boarding an aircraft, and delivered them to the “E,” etc., an importing company through staff members of home delivery companies in Japan, and received UNFCCC 8,000,00 in terms of the price, and carried them, and made a false report to the Incheon Airport Customs as if they were “business funds” while entering Incheon Airport, and delivered them to the exporting company.

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