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(영문) 서울남부지방법원 2018.05.11 2018고단795
외국환거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

If any person intends to export a means of payment exceeding 30,00 U.S. dollars, he shall report it to the Minister of Finance and Economy.

Nevertheless, the Defendant was found to have attempted to remove 200,000,000 UN (US$ 176,420,000, US$ 190,640,000) to the head of the customs office without filing a report with the head of the customs office, in order to leave the Republic of Korea only through the 261 Part 2,00,00 Chinese aviation (CI) on December 24, 2017, by using the 13:15, Chinese aviation (CI) 261, which was deposited in the Track International Airport 2 at the Track International Airport 2, Kimpo, in the course of security screening.

Accordingly, the Defendant attempted to export the product without reporting the payment method exceeding US$30,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A seizure list;

1. Application of the photographic Acts and subordinate statutes;

1. Although the Defendant confessions the criminal facts for the pertinent legal provisions regarding the criminal facts, Articles 29(2), 29(2), 29(1)4, and 17 of the Foreign Exchange Transactions Act, the Defendant’s reason for sentencing selective punishment of imprisonment is as follows: (a) the Defendant committed a crime of violation of the Foreign Exchange Management Act in 2000; (b) the Defendant was convicted of a suspended sentence for a violation of the Customs Act in 2015; (c) the amount of the instant crime was not written; and (d) the Defendant’s age, sexual behavior, environment, motive, means, and consequence of the instant crime; and (e) the Defendant’s punishment was determined by comprehensively taking account of various circumstances revealed in the instant records and the theory of changes, such as

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