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(영문) 수원지방법원 안산지원 2016.09.29 2016고단2439

전자금융거래법위반등

Text

Defendant

A Imprisonment with prison labor for one year, and for eight months, each of the defendants B.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to engage in foreign exchange business for the Defendants’ joint crimes shall prepare sufficient capital, facilities, and professional human resources for conducting foreign exchange business, and shall register with the Minister of Finance and Economy in advance, as determined by the Presidential Decree;

Nevertheless, on November 2013, when the Defendants operated the money exchange establishment without registering it with the competent authorities in China, the Defendants conspired to conduct the foreign exchange business in the way of "one-time exchange" in which Defendant B received money from the clients in Korea and paid money from the clients in China by Defendant A to the account designated by the clients.

Accordingly, around January 7, 2014, the Defendants conspired and did not register with the competent authority in the Chinese court, and Defendant B transferred won currency from the nameless person who requested the exchange to the account in the name of F in the name of F to the account in the name of F. Defendant A transferred the equivalent amount to his designated account in China, and Defendant A transferred the equivalent amount to his account in the name of F. From that time to May 14, 2015, in the same manner as the list of crimes in the attached Table, from around 15,44,86,942 won from the domestic remitters in the same manner as the list of crimes in attached Form 333 times from that time to May 14, 2015.

As a result, the Defendants conspired to engage in foreign exchange business without being registered with the Minister of Strategy and Finance.

2. Defendant A

A. On December 7, 2013, the Defendant paid KRW 4 million to F in return for the transfer of passbook at a non-commercial area below China around December 2013, and thereafter paid KRW 4 million from F to F in the name of F bank account (Account Number G), F in the name of Korea bank account (Account Number H), and F in the name of F (Account Number I); and