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(영문) 인천지방법원 2018.08.16 2018고단4438
외국환거래법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant

B and C, on May 31, 2017, entered the Republic of Korea from Incheon International Open Port using KS603 letter for aviation of 07:40 on May 31, 2017, and, upon receiving a proposal from Defendant A, “The request from Defendant A to confirm a foreign currency investment company in Hong Sea, and instead, to release the investment money from the Republic of Korea at the time of leaving the Republic of Korea to Hong Sea.” Upon accepting the proposal, Defendant B was exposed to 6,00 U.S. dollars 66,000 (the amount exceeding 10,000 U.S. dollars 71,627,960 won) and Defendant C was exposed to 59,00 U.S. dollars (the amount exceeding 10,000 U.S. dollars 62,839,040 won) without receiving a report from the above A in the course of search.

Accordingly, Defendant A, in collusion with Defendant B, and C, attempted to export 125,00 US dollars (the amount exceeding 10,000 US$145,706,00) without reporting to the customs collector.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of seizure;

1. Each entry and departure details, each current photograph, a detailed statement of transactions from entering and withdrawing a company bank under a name A, and a detailed statement of transactions from entering and withdrawing a bank under the name of E;

1. Investigation report (foreign currency conversion No. 23);

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning the facts constituting the crime: Articles 29(2), 29(1)4, and 17 of the Foreign Exchange Transactions Act, Article 30 of the Criminal Act, and Article 30 of the Criminal Act, and each choice of fine against Defendant A, Defendant B, and C

1. Defendant B, and C: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who has been suspended from execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing specified below);

1. Defendant B and C of the provisional payment order: The amount of foreign currency in which the Defendants attempted to ship out of the country for sentencing of Article 334(1) of the Criminal Procedure Act is larger than KRW 100 million in Korea.

However, the defendants recognized their mistakes and reflected their mistakes.

There are no criminal records of the same kind, and Defendant C has no criminal records.

(2) any other circumstances, including any other circumstances.

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