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(영문) 부산고등법원 2017.01.26 2016노112
외국환거래법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below against the defendant (one hundred months of imprisonment, two years of suspended execution, two years of additional collection, 496,80,134 won) is too unreasonable (the defendant alleged on the grounds of misunderstanding of the original facts and misunderstanding of the legal principles, but the defendant withdraws his assertion of misunderstanding of the facts and misunderstanding of the legal principles on the eight-time hearing date of the amendment of the indictment (final, but the amendment of the indictment (final, the correction of the indictment) was made, and the defendant alleged on the grounds of the wrongful misunderstanding of the facts and misunderstanding of the legal principles, and the defendant alleged on the grounds of appeal only the unfair misunderstanding of the sentencing.). 2. Prior to the determination of the grounds for appeal by the defendant, the prosecutor examined ex officio prior to the determination of the grounds for appeal by the court below, and the contents (the summary of the judgment below was reduced by reducing the number and amount of foreign means of payment exported by the defendant, and changed it to the defendant's sole crime with C, etc.).

1. Where a resident who is a national of a country in violation of the Foreign Exchange Transactions Act exports means of foreign payment exceeding 10,00 U.S. dollars, he/she shall report it to the head of the competent customs office, and shall not export means of payment or securities without filing a report or by filing a false report;

Nevertheless, the Defendant, in collusion with his wife C on February 11, 2012, did not report the import and export of the means of payment at the Incheon Airport located in Jung-gu Incheon Airport 271, and carried USD 11,678 with C as well as carrying USD 11,678 from that time to September 28, 2012. In collusion with C, I, J, K, K, and L on five occasions in total, in collusion with C, I, J, K, and L. 47.

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