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(영문) 서울서부지방법원 2014.08.29 2014고단413
외국환거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

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 the export price for the goods 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 taxes (5%) and import duties (27-28%) in Japan between domestic clothing exporters and Japanese importers, the domestic exporter entered into an agreement to export goods to Japan without filing an export declaration, and the export price is to be paid in cash in Japan, and the Defendant received goods to be exported from the domestic exporter or importer at the request of the shipping company requested transportation from the exporter, and carried them out from Incheon public port of Incheon to Japan with baggage, and then delivered them to the Japanese importer, and delivered them to the Japanese importer after receiving the export price from the Japanese importer, and carried them to the domestic exporter or transporter's person in charge of transportation, etc., whose name is not known to pay the export price to the domestic exporter, etc.

Accordingly, the Defendant, without being registered with the Minister of Strategy and Finance on January 5, 2007, returned and taken out clothes and other articles such as clothes requested by the domestic transportation chain, etc. as personal belongings at the time of boarding an aircraft, and delivered them to the side of the “Aerode”, which is a Japanese business entity. The Defendant received 8,000,000 UN from the employees of Incheon Airport, and carried them into the Republic of Korea through the Incheon Airport, and then falsely reported and brought them into the Incheon Airport Customs as if they were business funds.

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