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(영문) 서울남부지방법원 2017.08.08 2017고단2801
외국환거래법위반
Text

1. The defendant shall be punished by a fine of KRW 10 million;

2. If the defendant does not pay the above fine, only one hundred thousand won.

Reasons

Punishment of the crime

The defendant is a resident of the country who resides in North Chang-gun B and has operated a restaurant in Japan.

When importing or exporting means of payment exceeding 10,000 U.S. dollars, it shall be reported to the head of the competent customs office.

In Japan, the Defendant deposited the money, etc. disposed of and received at a branch of the Si branch of the Japanese Gunn Bank, and returned to Korea, and carried it to Korea without filing a report with the head of the customs office. In order to use it as funds to operate restaurant business in Japan, the Defendant was willing to take 27 million UN 10,000,000 to Japan.

On April 5, 2017, the Defendant, using the 8642709 letter for aviation (KE) around 15:10, departing from the Republic of Korea to the ASEAN of Japan from the Kimpo International Airport. The Defendant was trying to enter the above Japan 27 million U.N. in a household with the Defendant and carry it to the head of the customs office without filing a report. The Defendant was discovered during the process of the security screening of the three-story international airports of the Kimpo International Airport.

Accordingly, the Defendant, without reporting to the head of the competent customs office, intended to carry and export 27 million U.S. 243,845 U.S. dollars 272,619,000 (U.S. dollars 272,619,00).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Notification of detection and report on the investigation of exchange rate;

1. Application of Acts and subordinate statutes to file an investigation report (to listen to statements by telephone for the head of Kim Jong-po Customs Office);

1. Relevant Article of the Act on Criminal Facts and Article 29 (2), Article 29 (1) 7, and Article 17 of the Foreign Exchange Transactions Act concerning the selective punishment;

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

1. The decision of the fine is made in light of the following: (a) the reason behind the crime of sentencing under Article 334(1) of the Criminal Procedure Act is against the Criminal Procedure Act; (b) the launch of a foreign currency reflects the attempted attempt; and (c) there is no penalty record other than once. However, the Defendant attempted to take out the country.

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