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(영문) 인천지방법원 2015.10.22 2015고정2808
외국환거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who carries and imports a means of payment exceeding ten thousand U.S. dollars shall report to the head of the relevant customs office.

Nevertheless, at around 11:10 on June 7, 2015, the Defendant, while entering China, intended to carry and import 200,000 won (the sum equivalent to KRW 71,596,00), which was collected from the export price of goods in China at the entry port of Incheon International Airport, and 20,000,000 (the sum equivalent to KRW 71,596,00) that he/she had held in the original local account, without reporting to the head of the customs office, while carrying and importing it in his/her portable bags, and was discovered in the process of inspection by customs officers.

Summary of Evidence

1. Defendant's legal statement;

1. Written request for accusation and hand-over of the disease;

1. A report on investigation (report on the conversion into foreign currency) (including a report on the conversion into foreign currency) states that a foreigner did not know that he would have to report to the head of a customs office when carrying and importing means of payment exceeding 10,000 U.S. dollars. However, Article 16 of the Criminal Act provides that "the act of the defendant's act of misunderstanding that his act did not constitute a crime by law shall not be punishable only when there is a justifiable ground for misunderstanding." This does not mean a simple legal site, but it is generally a crime, but it is recognized that it does not constitute a crime due to a mistake that it does not constitute an act permitted by law and does not constitute a crime under special circumstances, and if there is a justifiable reason for misunderstanding, it shall not be punishable (see, e.g., Supreme Court Decision 2000Do3051, Sept. 29, 200). The above argument of the defendant is merely a legal site, and it is difficult to view that the defendant's act was not a

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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