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(영문) 서울동부지방법원 2018.05.18 2018고단315
외국환거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to export or import means of payment or securities of US$30,000 or more shall report to the Minister of Finance and Economy.

The Defendant and D planned to use money in casino games with Makao and to take out foreign currency without reporting to the Minister of Finance and Economy.

The Defendant and D shall have the same month from December 7, 2016 to the same month.

8. By noon, Gangnam-gu Seoul, withdrawal of KRW 150,000 from D’s account at each salary point, etc., and exchange of USD 80,000 and USD 3,60,000 from Hong, and the Defendant issued USD 130,00 to such business D.

In addition, the Defendant and D were packed to transport foreign currency prepared as above in order to facilitate the smuggling.

Defendant and D are the same month

8. At around 15:00, at the Incheon International Airport located in the Jung-gu Incheon Airport, US$ 2.10,000 and US$ 3.60,000, which was packed as above, passed through a hidden search stand on the bags for travel of D, and depart from the above bags as an aircraft.

In collusion with D, the Defendant exported means of payment of US$30,00 or more without reporting to the Minister of Strategy and Finance.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the prosecution with regard to D;

1. Investigation report (No. 17 times a year);

1. Application of Acts and subordinate statutes on the details of withdrawal of damage, details of money exchange, compilation of image data photographs, loan certificates, and the current status of entry or departure;

1. Article 29(1)7 and Article 17 of the relevant Act and the former Foreign Exchange Transactions Act (amended by Act No. 14525, Jan. 17, 2017); Article 30 of the Criminal Act concerning criminal facts (selected of imprisonment)

1. Article 62(1) of the Criminal Act on the Suspension of Execution (The following circumstances are considered as favorable to the reasons for sentencing) (Article 62(1) of the Criminal Act) (The defendant and his defense counsel only lent money to D, and in collusion with D as stated in the facts constituting a crime.

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