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(영문) 인천지방법원 2015.04.24 2015고정231
외국환거래법위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

When carrying and exporting and importing means of payment exceeding ten thousand U.S. dollars, it shall be reported to the head of the competent customs office.

On November 17, 2014, the Defendant, together with her husband and her children, disposed of all property to move to the Philippines, and decided to carry them out at the time of departure to use 327,200 U.S. dollars (U.S. 100 U.S. dollars 2,272, U.S. dollars 200 U.S. dollars 500 U.S. travel cards) deposited at the Sung-dong branch of the Sungdong branch of the NH Bank on November 17, 2014.

On November 17, 2014, at around 20:00, the Defendant was exposed to the process of security screening at the departure port of Incheon International Airport No. 4, Incheon, Jung-gu, Incheon, to leave the Republic of Korea to the Republic of Korea from the Republic of Korea No. 703, the Republic of Korea (OZ) of Asian Airport No. 703, and the Defendant was trying to bring the said money into the her husband and the Defendant’s home page and carried it out without filing a report with the head of the customs office.

Accordingly, the Defendant attempted to export 327,200 US dollars (the equivalent of 359,789,120 US dollars) without reporting to the head of the customs office.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to the passport and boarding pass copy, a copy of the confirmation note of entry into funds for emigration, five copies of foreign exchange receipts, and a report on foreign exchange conversion;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 29 (2), 29 (1) 7, and 17 of the Foreign Exchange Transactions Act, which select punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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