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(영문) 인천지방법원 2016.08.10 2016고단3335
외국환거래법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a single person who transports goods and receives expenses from the Defendant while going to the Republic of Korea in Taiwan, Red Congo, and Japan.

Any person who intends to carry, import or export means of payment exceeding 10,00 U.S. dollars shall report to the head of the competent customs office.

1. On October 17, 2015, the Defendant left the Republic of Korea through the Incheon International Airport located in Jung-gu Incheon, Jung-gu, Incheon, China, and failed to file a report with the head of the relevant customs office, and attempted to export the amount of KRW 7,00,000 in Japan and the amount of KRW 300,000 in large cartoons (an amount equivalent to US$ 68,260,000, an amount exceeding KRW 10,000,000) (an amount equal to KRW 66,049,70 in large amount exceeding KRW 10,00) by inserting it into a door-to-be of plastic line and concealing it in the process of multi-security screening, and attempted to carry it out.

2. On November 9, 2015, the Defendant left the Republic of Korea through the Incheon International Airport located in Jung-gu Incheon, Jung-gu, Incheon, and did not file a report with the head of the customs office, and attempted to export the Republic of Korea after concealing the amount of KRW 1,000 in Japan and the amount of KRW 558,000 in large cartoons (an amount of USD 25,159 in US dollars, an amount of exceeding 10,000 in Chinese dollars, KRW 17,260,120 in Chinese dollars) in the face of the bank, and attempted to carry it out.

Summary of Evidence

1. Statement by the defendant in court;

1. Each notification of detection, investigation report (unexploitation conversion), investigation report (unexploitation conversion, additional origin);

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 29 (2), Article 29 (1) 7, and Article 17 of the Foreign Exchange Transactions Act concerning the facts constituting an offense, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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