A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant shall report to the head of the competent customs office, when he is a resident of the Republic of Korea residing in U.S. B, and intends to carry and export means of foreign payment exceeding 10,00

On August 21, 2018, the Defendant: (a) sent a bank containing USD 1,000 (123,255.5, 138,255,750, equivalent to US$127,038,750, and KRW 127,038,750) to the Republic of Korea at a restaurant located in Seoul around August 21, 2018; (b) requested that the above bank be delivered to the Defendant’s wife D; (c) on the same day, the Defendant sent the bank to the Party D; (d) on the first passenger terminal of Incheon International Airport located in the Jung-gu Incheon Metropolitan City, Incheon; and (e) the Defendant failed to report to the head of the relevant customs office for the search of the foreign currency at the first passenger terminal of the Asia-gu Incheon International Airport, and failed to file a report to the head of the relevant customs office for the search of the passengers to be carried out by the Defendant; and (e) C failed to report the search of the above foreign currency during the search.

Accordingly, the Defendant conspired with C to export foreign currency without filing a report.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Voluntary submission, a protocol of seizure, and a list of seizure;

1. Application of Acts and subordinate statutes to a survey report (report on foreign currency conversion);

1. Relevant Article 29 (2), Article 29 (1) 4, and 17 of the Foreign Exchange Transactions Act concerning the facts constituting an offense, Article 30 of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than one year;

2. The sentencing criteria are not set for a violation of the Foreign Exchange Transactions Act.

: 4 months of imprisonment and 1 year of suspended execution are small in foreign currency where the defendant tried to export without reporting, but the defendant recognized the crime of this case and reflected his mistake that the defendant does not commit the same kind of crime.