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(영문) 창원지방법원 2018.12.12 2018고단2594

외국환거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

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

On January 20, 2016, the Defendant, without registering with the Minister of Finance and Economy of the Republic of Korea on January 20, 2016, at a hotel casino where it is impossible to find out the trade name located in the autonomous Gu of Makao Special Administration of the Republic of Korea. The Defendant engaged in foreign exchange business in which, without registering with the Minister of Finance and Economy of the Ministry of Strategy and Finance of the Republic of Korea, the Defendant deducted a certain percentage of commission from 100,000 won, which was remitted to the new bank account in the name of the Defendant, and paid the equivalent red bean amount of USD 1,2,3,3, and41 won to the above person, and without registering with the Minister of Strategy and Finance of the Ministry of Strategy and Finance of the crime list 1,2,946,241 won, all of which are 350 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes certifying entry into or departure from each account transactions, Kakao Stockholm details, text details, and relevant facts;

1. Article 27 (1) 5 and Article 8 (1) of the former Foreign Exchange Transactions Act (amended by Act No. 14525, Jan. 17, 2017) applicable to the crime and the former Foreign Exchange Transactions Act (amended by Act No. 14525, Jan. 17, 2017)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. On the grounds of sentencing under Article 30 of the former Foreign Exchange Transactions Act, the Defendant’s age, sexual conduct, details and circumstances of the instant crime, the status and role of the Defendant in the instant crime, and the circumstances after the commission of the crime shall be determined by taking into account the following circumstances:

Unregistered foreign exchange trading is highly likely to be involved in illegal money laundering, foreign currency smuggling, etc. so strict countermeasures are required.

Money exchanged by the Defendant was mainly related to illegal gambling, but this was also included in the profit from the physical camping crime.

Defendant.