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(영문) 서울남부지방법원 2019.01.31 2018고단6162
외국환거래법위반
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A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding ten million won.

When the defendant does not pay a fine.

Reasons

Punishment of the crime

Any person is in the indictment of USD 30,000. However, according to the pertinent statute, it is apparent that it is a clerical error in the “30,000............”

The head of the competent customs office shall report to export or import a means of payment exceeding a reasonable amount.

Nevertheless, the Defendant, using Part B at around 22:10 on September 11, 2018, entered Japan into the Kimpo International Airport, and was found to have been exposed to the security screening process without filing a report with the head of the customs office, by inserting the sum of KRW 1,680,00,00,000, United Nations ($ 151,154,000,000,000,000,000).

Accordingly, the Defendant attempted to import more than 30,000 US dollars 1,00 each week. The Defendant attempted to import more than 30,000 US dollars without reporting.

Summary of Evidence

1. Defendant's legal statement;

1. Request for investigation of a person suspected of smuggling in foreign currency, and a copy of passport;

1. Entry and departure records, lists of foreign currency entry and departure declarations, and travelers' personal effects;

1. Investigation report on exchange rate;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Act on Criminal Facts and Articles 29 (2), 29 (1) 4, (3), and 17 of the Foreign Exchange Transactions Act, and both imprisonment and fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. The punishment shall be determined by comprehensively taking into account the following factors: (a) details and methods of the crime for sentencing under Article 334(1) of the Criminal Procedure Act; (b) details of the crime; (c) details of the crime; and (d) the amount of profits which the person could have obtained by the crime; (d) the defendant

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