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(영문) 부산지방법원 2016.06.23 2016고단2004

외국환거래법위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

1. On October 16, 2014, the Defendant violated the Foreign Exchange Transactions Act using the Nong Bank’s account, without being registered, received KRW 5,680,00 from a person who wants to make a transfer from Makao to the Defendant’s name (Account Number C) account and deducted a certain fee, and paid USD 5,680,000 corresponding to it, and then paid USD 181,215,000 corresponding to it from November 8, 2014, as shown in the annexed List of Crimes (1-1) in attached Form 42 times from then to November 8, 2014, and paid USD 181,215,000 corresponding interest.

In addition, on October 16, 2014, the Defendant received USD 8,00,00 from a person who wants to remit Maka to Korea, and transferred KRW 8,00,00,000 to a non-registered foreign exchange business by means of remitting money equivalent to USD 90,291,000 from October 16, 2014 to November 8, 2014 of the crime sight table (1-2), such as remitting (1-2), from around 16, 2014 to under the name of the Defendant.

2. From March 21, 2015 to April 8, 2015, the Defendant, on March 21, 2015, received 306,525,000 won over 64 times from a person who wants to make a transfer from Korea to Makao, and deducted the commission, and paid 7,50,000 won from a single bank (Account Number D) account under the name of the Defendant, and thereafter, paid the corresponding amount of red bean dollars from March 21, 2015 to April 21, 2015.

In addition, on March 22, 2015, the Defendant received USD 9,000,000 from a person who wants to transfer from Mar. 22, 2015 to Korea, and only one bank (Account Number: D) in the name of the Defendant.