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(영문) 인천지방법원 2015.05.13 2015고단993
외국환거래법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates the PC bank in the Republic of the Philippines.

Any person shall report to the head of the competent customs office on the shipment of any means of payment exceeding ten thousand U.S. dollars.

Nevertheless, around December 19, 2014, the Defendant failed to carry with himself a golf room of 320,000 U.S. dollars to be used as business funds at the Incheon Central Airport (2851, Jung-gu, Incheon), and failed to file a report. However, the Defendant attempted to carry a deposit baggage at 621 U.S. dollars to the Republic of Korea, which was 3,000 U.S. dollars to be used as business funds at the port of supply of Incheon Central Airport (20,000,000 U.S. dollars).

Accordingly, the Defendant attempted to carry 320,000 US dollars (Korean US dollars 353,024,000 and US$ 341,992,00 in excess of US dollars 10,00) without reporting.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Notice of detection of the Foreign Exchange Transactions Act;

1. Application of Acts and subordinate statutes for investigation report (in foreign currency conversion);

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment include: (a) the Defendant recognized his mistake and reflects his mistake; (b) the primary offender is favorable under favorable circumstances; and (c) the total amount of money the Defendant intended to carry and take out without reporting to the head of the customs office in the instant crime is not certain; and (d) the Defendant selected a fine by taking into account the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc. and then sentenced

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