beta
(영문) 의정부지방법원 고양지원 2015.06.25 2015고단879

외국환거래법위반

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

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

1. The Defendant’s sole criminal act committed with intent to conduct foreign exchange business using the term “recoverment” method, in which he receives money from a client who wishes to remit money from Thailand to Thailand or from Thailand, and deducts the remaining amount after deducting a certain amount of fee from this money, from the money to Thailand or to another person designated by the remitter in Thailand or Korea.

The Defendant, on April 17, 2008, remitted from Korea to Thailand, without registering with the competent authorities, received KRW 4,648,00 from the Defendant’s account (D) in the name of the Defendant’s wife C (C) managed by the Defendant from Korea to Thailand, and immediately paid KRW 0.5% of the amount calculated by deducting KRW 4,648,00 from the amount of money deposited to the bank account in Thailand designated by the Defendant through Internet banking to the bank account in Thailand located in Thailand designated by the above B from the Internet bank account in Thailand managed by the Defendant through such Internet banking. From that time to October 6, 2014, the Defendant paid KRW 837 times in total,34,545,234, as stated in the attached Table 1 by means of the same method until October 6, 2014.

B. On December 3, 2008, the Defendant: (a) received KRW 9,99,99 from a bank account (D) in the name of the Republic of Korea under the above C (C), without registering with the competent authority on December 3, 2008; and (b) immediately remitted transfer of Thailand to the KASIKNNK account in the name of the above C (C) from that of the Thailand from August 26, 2013 to that of the Thailand by the same method; and (c) received KRW 9,99,99 from the illegal stay of the Thailand’s nationality residing in Korea.