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(영문) 부산지방법원 서부지원 2018.07.27 2018고정414
외국환거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

If a resident carries an amount exceeding 10,00 U.S. dollars (11,323,00 US dollars, and one US$1,00 which is temporarily applied to crimes) and exports, he/she shall obtain confirmation from the head of a designated foreign exchange bank, and if he/she fails to report 30,00 US dollars or more, he/she shall be subject to criminal punishment.

Nevertheless, the Defendant, on October 21, 2017, departing from the Republic of Korea to Cambodia-M-type international airport on Kimhae-U.S. on October 21, 2017, and was in possession of 40,00 US dollars (400 US$ 100) (4,292,000) (45,292,000) acquired in Korea for the purpose of purchasing land in Cambodia-type, was in violation of Article 17 of the Foreign Exchange Transaction Act, since it was discovered in the course of the International Airport Departure X-RAY search by the designated foreign exchange bank, to carry with himself without confirmation by the head of the designated foreign exchange bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Request for accusation against the detection of smuggling; and

1. Application of Acts and subordinate statutes to one copy of the report on seizure and the list of seizure, and the output of exchange rate inquiry;

1. Article 29 of the Act applicable to the facts constituting an offense and Articles 29 (1) 4 and 17 of the Foreign Exchange Transactions Act selected for the penalty;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the suspended sentence (Article 59 (1) of the Criminal Act (In consideration of the fact that the defendant was issued a certificate of completion of foreign exchange report at the location of Daegu Bank, Daegu Bank, but did not possess it, and that it caused the instant crime by failing to possess it

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