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(영문) 서울서부지방법원 2015.07.24 2015고단1295

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

The Defendant, from January 1, 2001 to August 2004, was running at a C hotel located in the territory of the Republic of Korea near the Republic of Korea, from time to time to time, and was entering or leaving the Republic of Korea from time to time in connection with the operation of the exchange center. In order to be aware of the fact that an investigation is being conducted in the Republic of Korea due to a suspicion of violation of the Foreign Exchange Transactions Act, the Defendant continued to depart from the Republic of Korea on August 10, 2003, and continued to stay in the Republic of Korea around May 27, 2015.

Any person who intends to conduct a business of foreign exchange shall prepare capital, facilities and professional human resources sufficient to conduct foreign exchange business and register such business with the Minister of Finance and Economy in advance.

The Defendant, in collusion with the Minister of Finance and Economy on November 18, 2004, did not make a registration, received money from the remitters who wish to transfer money to the Philippines or to the Republic of Korea in the Republic of Korea from the remitters who wish to transfer money to the Republic of Korea, and received money from the Defendant’s account managed by the Republic of Korea, deducted as remittance fees the amount equivalent to approximately 2.5% of the money, deducted as remittance fees, and paid to the payees designated by the remitters, etc., in the way of making a subsequent settlement without any actual remittance.

1. On June 15, 2002, the Defendant, in collusion with the above E, did not register the said E with the Minister of Finance and Economy, and on the part of the Republic of Korea, he was deposited the said amount in the foreign exchange bank account (Account Number:F) in the name of the Defendant, which is the refund account managed by the Defendant, at the request of the Republic of Korea from the remitter who was unable to know the name he wants to remit from the Philippines to the Republic of Korea, to the Republic of Korea, and received the said amount in the face of KRW 2.5% from the remitter’s account (Account Number:F).

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