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(영문) 서울중앙지방법원 2014.02.11 2013고단7192

외국환거래법위반

Text

Defendant

A Imprisonment for 10 months, Defendant B shall be punished by a fine of 20 million won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A From February 20, 2008 to April 10, 2010, from Jung-gu Seoul Metropolitan Government, A operates the E Exchange Station in Jung-gu, Seoul, and from January 1, 2010, a person who actually operates B from Jung-gu, Seoul to January 1, 2010, and Defendant B is a corporation with the purpose of money exchange business.

1. Any person who intends to engage in business of foreign exchange business of defendant A shall prepare sufficient capital, facilities and professional human resources for conducting foreign exchange business and register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree

Nevertheless, around October 3, 2008, the Defendant sold 55,485 bills of 55,000 won in Korean currency to H, which was purchased from Chinese tourists, travel agents, etc. at the above E Exchange Station, from January 12, 2012 to January 12, 2012, the Defendant sold 48,994,207 bills of 207 (the amount equivalent to KRW 8,450,58,80 in Korean currency) in all as stated in the attached list of crimes in the following manner, and carried on a non-registered foreign exchange business.

2. Defendant B, who was the actual operator of the Defendant, committed an offense against the Defendant’s business, such as selling 46,65,379 bills (an amount equivalent to KRW 8,009,568,80) throughout 737 times, as described in [Attachment] Nos. 54-790, from February 21, 2010 to January 12, 2012, both of which were indicated in [Attachment] Nos. 54-790 in the foregoing manner.

Summary of Evidence

1. Each legal statement of the defendant A and I;

1. Examination protocol of Defendant A by the prosecution;

1. Investigation report (Seoul Customs Office's report on file of case records);

1. A plan for inspection of foreign exchange in exchange (including the certificate of registration of foreign exchange operators in part 56 of the investigation record);

1. Application of Acts and subordinate statutes to the copy of a statement of transfer of the case under H and 2 Foreign Exchange Transactions Act;

1. Relevant legal provisions pertaining to criminal facts A: Articles 27(1)5 and 8(1)2 of the Foreign Exchange Transactions Act (Selection of Imprisonment): Articles 31 and 27(1) of the Foreign Exchange Transactions Act.