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(영문) 서울중앙지방법원 2014.01.24 2013고정6341

외국환거래법위반

Text

Defendant shall be punished by a fine of KRW 30,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as an employee of the remittance agency located in Australia, is a person who receives 1% fee of remittance from a person who intends to remit funds to Australia in Korea, and has deposited the remittance request amount into the account, such as the National Bank F (E) of the National Bank in the name of the president, and pays US dollars in Australia to the other party to the transaction in Australia. The defendant has received US dollars from a person who intends to transfer funds from Australia to the above account and deposited the equivalent amount into the above account, and has been engaged in foreign exchange affairs using the term "foreign exchange account" in the manner of transferring the funds to the domestic account of the other party to the transaction without the remittance.

Those who intend to engage in such foreign exchange business shall be equipped with sufficient capital, facilities and human resources for foreign exchange business and shall be registered with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without registering as above with the Minister of Strategy and Finance, posted an advertisement on behalf of remitting money to the local residents living information area of Australia, and received approximately 40,000 US dollars ( approximately 500,000 US dollars) from February 1, 2012 to January 15, 2013 as benefits for 15,070 times in total from February 1, 2012 to January 15, 2013, Doz. 48,659,476,616 US dollars ( approximately 500,000 US dollars) from business owners E to transfer money to Australia or to Korea.

Accordingly, the defendant carried on a foreign exchange business without registration.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning G;

1. A copy of account transactions;

1. A copy of the account number of the informant submitted;

1. The living information paper of the refunded business entity;