외국환거래법위반등
A defendant shall be punished by imprisonment for six months and by a fine of twenty thousand won.
When the defendant does not pay the above fine.
Punishment of the crime
The Defendant, on September 5, 2015, entered the Republic of Korea as a non-member of study abroad (D-2-2) and stays in the Republic of Korea, and is a Vietnamese national who is attending the management department of B University.
The defendant's senior C and one-person D are those who are living in Vietnam and who pay to an addressee designated by the client through the client through a domestic exchange account managed by the client who wishes to transfer from Vietnam to Vietnam, deducts fees, and make payment in the equivalent currency or US dollars to the client designated by the client in Vietnam, deducts fees from the client who wants to transfer from Vietnam to Vietnam with money received from Vietnam, and pays the equivalent Korean currency to the addressee designated by the client through the defendant in Korea.
The Defendant confirmed the details of the deposit of money to C and one person D in the domestic exchange-free foreign exchange business of the exchange method, and notified C and one person D of the details thereof. Upon C and one person D’s instructions, the Defendant sent cash from the domestic exchange-free account to the clients designated by the clients, and conspired with C and one person D to receive additional 80,000 won and 1.50,000 won each month at the time of cash delivery.
1. Any person who intends to conduct foreign exchange business in violation of the Foreign Exchange Transactions Act shall have sufficient capital, facilities and human resources to conduct foreign exchange business and register such business with the Minister of Strategy and Finance in advance as prescribed by Presidential Decree;
Nevertheless, on January 29, 2016, the Defendant conspireds to transfer from E to Vietnam without registering foreign exchange business, and received KRW 5,010,000 in the F Bank account (Account Number: G) under the name of the Defendant, and paid the Vietnam currency equivalent to the amount obtained by deducting C from the fee from Vietnam, to an unclaimed recipient designated by the said remitter.