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(영문) 서울중앙지방법원 2014.02.11 2013고단8409
외국환거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is a “confiscation” as a special shipping agent for the export price of exported goods, which directly carries Korea and Japan, and directly carries Korea and Japan, and directly carries them into the Republic of Korea.

Any person who intends to engage in foreign exchange business shall prepare capital, facilities and human resources sufficient to engage in foreign exchange business and register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree.

Nevertheless, the defendant, without such registration, exported from domestic carriers to Japan without an export declaration, and received the export price from Japan in cash (with the request of the United Nations, etc.), shall receive a fee of 50,000 won at each time of departure from Korea, and shall transport clothing, etc. to Japan without a normal export declaration, such as shipping the aircraft into and out of Japan, and the fact that the export price was received from the imported enterprises in Japan and carried the export price was carried into Korea, despite the fact that the goods were brought into Korea, they were falsely reported and carried in as business funds.

On January 11, 2007, the Defendant carried in 63,987,196,888 won in total (3,990,010,634, USD 12,000, 15,000, 15,000, 190,000 won in total, from around 196 to April 12, 2013, the Defendant carried in 63,987,196,888 won (3,990,000, 12,00,000, 15,000,000, 190,000) of the clothing export price, carried out by a Japanese importer without filing an export declaration.

Accordingly, the defendant did not register in advance with the Minister of Strategy and Finance, but did foreign exchange business such as payment, collection and receipt between Korea and Japan.

Summary of Evidence

1. The defendant;

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