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(영문) 서울서부지방법원 2014.06.24 2013고단2808
외국환거래법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant received exported goods from a domestic exporter or a shipping company and delivered them to a Japanese importer, and received export payments, and delivered them to a domestic exporter or a shipping company. The Defendant is a “ncocin fee”.

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

Nevertheless, in order to evade consumption tax (5%) and import duty (27-28%) in Japan between an exporting company such as domestic clothing, etc. and an importing company in Japan, Japan entered into an agreement with a domestic exporter or an exporting company on condition that the export price be paid in cash in Japan. The Defendant accepted goods to be exported from a domestic exporter or an exporting company at the request of the shipping company requested carriage, and carried them out as the personal effects at the time of departure from Incheon public port, and delivered them to the Japanese importer, and then delivered them to the Japanese importer. After receiving the export price from a Japanese importer, the Defendant conspired with a domestic exporter or a transportation company, etc., under whose name it is unknown that the domestic exporter or the shipping company will pay the export price to the domestic exporter or shipping company.

On January 7, 2007, the Defendant, without being registered with the Minister of Strategy and Finance, returned and removed goods such as clothes, etc. received from a domestic exporter from “B” as personal belongings at the time of boarding an aircraft, and delivered them to the company of “C”, which is a Japanese business entity. The Defendant received the price from the employees of the United Nations 6,00,000,000 from the employees as the export price, received it as the export price, and carried it, made a false report to the Incheon Airport Customs Office as if it were “business funds”.

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