beta
(영문) 수원지방법원 성남지원 2015.10.13 2015고단1517

외국환거래법위반

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 7,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a Chinese shipbuilding, and is a person operating a mutual exchange facility called "E" located in Gwangjin-gu Seoul Special Metropolitan City.

A person who intends to engage in foreign exchange business shall prepare sufficient capital, facilities, and professional human resources to engage in foreign exchange business and register it with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree, but the defendant has received money from the person who wants to transfer from China to China to receive ten bills of exchange per 10,000 won (10,000 won for each transfer from the person who wants to transfer to China) and then has received money from the Republic of Korea to transfer to the Chinese account directed by the remitter through the Chinese official bank account in the name of the defendant, i.e., transfer of money to the Chinese account (F).

As such, the Defendant, without registering with the Minister of Strategy and Finance on June 2, 2015, received 8.5 million won in cash from G intending to transfer the money by scam to China on or around June 2, 2015, and transferred money to the Chinese account designated by G from November 10 to June 23, 2015 under the name of the Defendant, and transferred the money to the above scam account under the name of G from November 10, 2014 to June 23, 2015, totaling KRW 7,769,169,81 in Korea over 3,043 times, such as the list of crimes in attached CDs.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Police seizure records;

1. Each specification of transactions;

1. Application of Acts and subordinate statutes of a report on investigation (No. 9,16,20 on the evidence list);

1. Relevant Article of the Act on Criminal Facts and Articles 27 (1) 5 and 27 (2), and 8 (1) of the Foreign Exchange Transactions Act (or, collectively, the choice of imprisonment with prison labor);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Code is being conducted foreign exchange business in a so-called manner.