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(영문) 서울서부지방법원 2017.11.16 2017고단1972

외국환거래법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 70,00,000, and by a fine of KRW 15,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

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

1. On February 20, 2014, the Defendant, without registering foreign exchange business, received 30,000,000 won from Korean tourists F, seeking transfer from Makao to the National Bank Account (G) in the name of Makao, Korea, and paid 2,27,431,430 won in the same manner between January 5, 2014 and April 25, 2014, with the same method as indicated in [Attachment] Nos. 1 to 177, and with the National Bank Account in the name of Makao, Korea, seeking transfer from Makao, paid 30,00 won to Makao to F.

Accordingly, the defendant, without registering, conducted foreign exchange business on payment, collection, and receipt between Korea and foreign countries.

2. When Defendant B became aware of the fact while Defendant B engaged in the public offering of foreign exchange business as described in the above paragraph (1), the Defendants continued to receive money by means of Defendant B’s account, etc. and conspired to withdraw and deliver the money to Defendant B in the Republic of Korea.

The Defendants received 38,00,000 won from Korea-based tourists I who wish to transfer from Korea to Defendant B’s new bank account in the name of Defendant B without any continuous registration of foreign exchange business on June 12, 2014, from Makao to 38,000,000 won, and paid from Maka to I the equivalent amount of the fee limit.