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(영문) 인천지방법원 2018.11.30 2018고단7243
외국환거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a resident of the Republic of Korea residing in Seo-gu Seoul apartment 504-606, who intends to carry foreign means of payment exceeding 10,00 U.S. dollars, shall report to the head of the competent customs office.

The Defendant, around 16:55 on September 30, 2018, entered the Republic of Korea from a passenger terminal located in Jung-gu Incheon Metropolitan City, Incheon, Incheon, to 2 passenger terminal, with air KS623 letter, and attempted to carry 1,100 US dollars 1,100 (US$ 122,397,000, US$ 111,270,000, US$ 122,397,000, and US$ 111,270,000) without filing a report with the head of the customs office for the purpose of opening a Korean restaurant at a hotel located in the 2nd passenger terminal located in the Incheon International Airport. The Defendant attempted to carry the same in the course of searching the deposited baggage of the 2nd passenger terminal of the Incheon International Airport, and attempted to carry the same.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of detection of foreign exchange transaction Act;

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

1. Article 29 (2), Article 29 (1) 4, and Article 17 of the Foreign Exchange Transactions Act concerning the facts constituting an offense, and Articles 29 (1) 4 and 17 of the same Act concerning the selective punishment, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act provides that the foreign currency amount in which the defendant was trying to get out of the Republic of Korea is considerably high.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The crime was committed through attempted crimes.

Defendant has no record of punishment for the same kind of crime.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.

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