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(영문) 인천지방법원 2018.11.08 2018고단7154
외국환거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On August 20, 2018, the Defendant was exposed to an attempted attempt to carry US$221,200 (the equivalent of US$ 248,982,720) while leaving the Republic of Korea from the International Airport of Incheon (7C) around 17:09 to the Republic of Korea with Jeju (7C) 2305 air.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. The details of travelers' entry into and departure from the Republic of Korea, the Philippines car page and apartment real estate, and the details of transactions on Internet banking;

1. Application of Acts and subordinate statutes to a report on investigation (report on investigation of exchange rates);

1. Article 29 (2), Article 29 (1) 4, and Article 17 of the Foreign Exchange Transactions Act concerning the facts constituting an offense, and Articles 29 (1) 4 and 17 of the same Act concerning the selective punishment, and the choice of imprisonment;

1. The foreign currency size intended to be taken out of the grounds for sentencing under Article 62(1) of the Criminal Act (a favorable condition for sentencing as follows) is not smaller than KRW 240 million.

However, it is against the defendant's wrong recognition.

Two minor fines are only minor fines, and they do not have the same criminal records.

The crime was committed through attempted crimes.

It was not intended to carry out smuggling for the purpose of criminal acts.

The punishment shall be determined as per the disposition and the execution thereof shall be postponed, taking into account the circumstances above and all other conditions of sentencing, such as the age, sex, family relationship, and property status of the defendant.

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