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(영문) 수원지방법원 2018.05.10 2018고단1212

외국환거래법위반

Text

A defendant shall be punished by imprisonment with prison labor 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

The Defendant, as a person of Indones nationality, married with B of the Republic of Korea nationality in 2013, was running the Indonesia restaurant in collusion with F of the representative of Indonesia Exchange E, in order to make it difficult to use banks due to illegal stay, etc. from among restaurant customers, the Defendant, in collusion with F of the representative of the Indonesia Exchange E, did not pay a certain fee to foreign workers who wish to transfer to Indonesia, and did so on behalf of the Defendant.

Any person who intends to conduct foreign exchange business under the Foreign Exchange Transactions Act, such as payment, collection, receipt, etc. between the Republic of Korea and a foreign country, shall prepare sufficient capital, facilities, and experts in foreign exchange business and register in advance with the Minister of Finance and Economy.

Nevertheless, on February 16, 2013, without registering foreign exchange affairs to the Minister of Strategy and Finance of the Republic of Korea, the Defendant deposited KRW 1,180,000 in the KEB bank account (Account Number: H) in the name of the Defendant, and deposited KRW 7,200,00 with the money received from other foreigners. On February 18, 2013, the Defendant transferred KRW 7,20,000 to the foreign exchange bank account (Account Number: I) known by the said F, which was converted into Indonesia E exchange rate from the Republic of Korea, to the said customer, and paid KRW 1,180,00 including KRW 1,18,00,00 including the fee, in collusion with the F, from March 22, 2017 to the collection date of the attached Table, and paid KRW 1,57,376,767,775,767,67,67,700 in the Republic of Korea and the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A certificate of perusal;

1. Investigation report (information analysis-B by each user of the refunded account);

1. The transfer account shall be classified by each user;