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(영문) 인천지방법원 2018.04.19 2018고단1235
외국환거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 17, 2018, the Defendant, using the Aviation KE607 letter to 20:00, went into the Republic of Incheon International Airport, and did not report USD 1,400,000 ($179,760,000) for the purpose of purchasing a bitco in the red Congo, and attempted to depart from the Republic of Korea by inserting the deposited baggage inside the point.

Accordingly, the Defendant attempted to export the payment method exceeding 10,00 U.S. dollars to the customs collector without reporting it to the customs collector.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of detection;

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

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

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant was aware that the export of the means of payment exceeding US$10,00 is subject to reporting, and that the foreign currency size that the Defendant intended to export without reporting is not small, etc. is unfavorable to the Defendant. The fact that the Defendant is against the obligation of the Defendant, the fact that the Defendant is committed against the attempted attempt by enforcement, and the first offender is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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