When the defendant does not pay the above fine, 100,000 won.

If a resident settles a claim or obligation arising from a transaction or act between a resident and a non-resident by means of offsetting, etc., he/she shall, in advance, report to the Governor of the Bank of Korea on such method.

The Defendant is the representative director of Jung-gu Seoul Metropolitan Government H (hereinafter “H”) G (hereinafter “H”).

1. On May 18, 2009, the Defendant set off the amount equivalent to USD 435,157 (Korean Won 549,038,482) of the obligation to pay for the payment of charterage, etc. to the same company as USD 11,613,012, which a resident, without reporting to the president of the Bank of Korea at the above H office, who is a non-resident at the above H office.

2. On August 1, 2009, the Defendant set off the amount equivalent to USD 597,400 (Korean dollars 741,075,032) paid to the same company as the amount of USD 11,438,165, which was paid by H, a resident, for the export price claim for receiving a house by “A”, a non-resident, without reporting to the president of the Bank of Korea at the above H office, at around August 1, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. Illegal offsetting of the export price for relay trade, general table of relay trade, details of collection of export price for relay trade, details of transactions of withdrawal of export price for relay trade, details of offset disposition, and application of the statutes governing the statement of accounts of offset disposition;

1. Relevant Article of the Act on Criminal Facts and Article 29 (1) 6 of the Foreign Exchange Transactions Act and subparagraph 1 of Article 16 of the Foreign Exchange Transactions Act (the point of violation of a countervailing report and the selection of a fine);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes committed on August 1, 2009, other than those prescribed by the Act on Foreign Exchange Transactions);

1. The reasons for sentencing of Articles 70 and 69(2) of the Criminal Act for the detention of the workhouses have damaged transparency of foreign exchange transactions by committing the instant crime, and there are a few set-offs without reporting.