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(영문) 수원지방법원 여주지원 2016.12.13 2016고단1201

외국환거래법위반

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From 2008 to 2008, the Defendant is a person who operates a mutual travel agency called “B” in detail of the Philippines.

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

Nevertheless, without being registered with the Minister of Finance and Economy, the Defendant, without being registered with the Minister of Finance and Economy, received, from the proprietor of the said casino, a clicking “clicking” in the event Korean tourists are gambling in the casino, or was charged with 1.2% of commission to local visitors. The Defendant was able to engage in foreign exchange business, such as monetary payment, between the Republic of Korea and the Republic of Korea, using the Defendant’s accounts under the name of C, in a clicking manner.

On January 25, 2014, the Defendant received a request from E, a national casino customer of the Republic of Korea, to transfer money from the hotel D, which is located in detail in the Philippines, and received KRW 20,000 from one bank account in the name of C in Korea, and paid KRW 80,000,000 to E, which is equivalent to the above amount.

In addition, the Defendant, from that time until October 6, 2015, made 33 times to the person who requested the Republic of Korea to remit money to the Philippines, such as the list of crimes in attached Form C, deposit totaling KRW 581,593,500 into the deposit account in the name of the said C, and carried on foreign exchange business by paying the money of the Philippines corresponding to the amount of remittance from the Republic of Korea to the local site of the Philippines.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning F and G;

1. Application of the police protocol protocol to C, etc.;

1. Article 27 (1) 5 of the Foreign Exchange Transactions Act and the main sentence of Article 8 (1) of the Foreign Exchange Transactions Act and the selection of fines concerning criminal facts;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.