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(영문) 인천지방법원 2018.10.11 2018고단5623
외국환거래법위반
Text

A defendant shall be punished by imprisonment for four 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

Any person who intends to carry and export means of foreign payment exceeding ten thousand U.S. dollars from a foreign country shall report to the customs collector.

On June 5, 2018, the Defendant attempted to carry bags containing USD 128,90 ($ 137,871,440) from the 2nd passenger terminal of Jung-gu Incheon, Jung-gu, Incheon, 2018 to the head of a customs office at the 446 Incheon Airport No. 2 passenger terminal. 128,90 ($ 137,871,440) in red bean, and attempted to commit the Defendant’s attempt to commit the Defendant’s attempt by exposing them in the course of the x-ray search for baggage 3rd of the above terminal.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Notice of detection, details of entry and departure, list of foreign currency shipping reports, certificates of foreign exchange declaration, etc.;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Although foreign currency size was small to export reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act, it is so decided as per Disposition by taking into account all factors of sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive and means of crime, consequence, etc., and the fact that the Defendant did not have any criminal records other than once a fine imposed on the Defendant, and that the Defendant committed the instant crime was committed an attempted crime, and that the Defendant’s mistake is against the Defendant.

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