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(영문) 서울남부지방법원 2020.12.16 2020고단4600

외국환거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although those who intend to engage in foreign exchange business have sufficient capital, facilities and professional human resources to engage in foreign exchange business and had them registered with the Minister of Strategy and Finance in advance, they conducted foreign exchange business without being registered with the Minister of Strategy and Finance as follows:

On May 1, 2018, the Defendant received KRW 235,000 in Korean won from a person who was unaware of his name at the Defendant’s residence, etc. in Yeongdeungpo-gu Seoul Metropolitan Government B apartment and C, and received KRW 235,000 in Korean won from one bank account under the Defendant’s name, and then remitted solarization equivalent to the above amount from the Taeland account managed by the Defendant to the Taeland account designated by the said person in the name of the Defendant, and received KRW 5,562,420,605 in Korean won over a total of 5,309 times until February 11, 2020 as shown in the attached list of crimes in the attached Table, and carried on foreign exchange without registration by remitting it from the Taeland account managed by the Defendant to the Taeland account designated by the remitter.

Summary of Evidence

1. A written statement of the defendant's legal statement E, and a written statement of the written statement of each police interrogation protocol concerning F;

1. A criminal investigation report (related to a refund account additionally confirmed), a criminal investigation report ( analysis of a statement of account transactions), and a criminal investigation report (related to a list of crimes committed);

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article of the Act on Criminal Facts and the main sentence of Article 27-2 (1) 1 and the main sentence of Article 8 (1) of the Foreign Exchange Transactions Act ( comprehensively and collectively, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act;

1. Article 30 of the Foreign Exchange Transactions Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: Unregistered money exchange businesses need to be strictly punished for crimes that may impair the transparency of foreign exchange transactions, disrupt the order of foreign exchange transactions, and abuse them as a means for other crimes.

The favorable circumstances: the first offense.

Recognizing and opposing his mistake.

used as a means of another offence.