외국환거래법위반등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
From February 2018, the Defendant was unemployedly running “CExchange” in Gwangjin-gu Seoul Special Metropolitan City, and D, as the Defendant’s children, is a registered titleholder and employee of the said money exchange office, and E, as the Defendant’s children, is an employee of the said money exchange office.
Defendant, E, and D had the intent to carry out the ‘recoveration’ business using the accounts in the name of Defendant, E, and D established in the Chinese bank to transfer domestic funds to China.
1. Where it is intended to conduct foreign exchange business corresponding to the payment and receipt between the Republic of Korea and a foreign country in violation of the Foreign Exchange Transactions Act and the purchase or sale of foreign currencies incidental thereto, it shall meet necessary requirements, such as capital, facilities, and professional human resources, and shall be registered with the Minister of Strategy
Nevertheless, the Defendant, in collusion with D and E, did not register with the Minister of Strategy and Finance on February 11, 2019, at the request of F, who wants to transfer money from Korea to China, received cash of KRW 4,000,000 and fee of KRW 10,000 from F, and then transferred the same 24,000 from the Chinese bank account under the name of E to the Chinese H bank account in the name of the person who has failed to receive the name, and then transferred the same 24,000 bills from February 12, 2018 to February 11, 2019, as stated in attached Table 1 (Foreign Exchange Transactions Act).
2. No person who violates the Electronic Financial Transactions Act shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that such means are to be used for a crime or to be used for a crime;
Nevertheless, the defendant, in collusion with D and E on February 11, 2019, shall be in accordance with the attached Form, such as D and E, for the purpose of using it for unregistered foreign exchange business with the same content as that set forth in paragraph 1.