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(영문) 수원지방법원 안산지원 2017.04.14 2016고단1161

외국환거래법위반

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

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

Reasons

Punishment of the crime

On August 22, 2012, the defendant was sentenced to six months of imprisonment by the Gwangju District Court for a violation of the Punishment of Violences, etc. Act (joint conflict), and such judgment is the same year.

9. The final and conclusive judgment. On February 14, 2013, the same court has been sentenced to six months of imprisonment for a crime of fraud, and such judgment is the same year.

6. It was finalized on 19.

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

Nevertheless, the Defendant, without such registration, intended to engage in foreign exchange affairs on payment and receipt between the Republic of Korea and a foreign country. From B of the de facto marriage relationship between 2009 to 2010, the Defendant borrowed the national bank account (Account Number D), the national bank account in the name of dong C, the foreign currency account (Account Number E), the Korean bank account (Account Number H), the foreign currency account (Account Number H), the national bank account in the name of dong G, the national bank account (Account Number H), the national bank account in the name of dong G, and the national bank account (Account Number K) account from J.

On March 23, 2010, the Defendant received USD 61,942.42 on two occasions from L to the account in the name of a national bank account in the above C’s name, and transferred USD 61,942 to the national bank account in the above C’s name on the same day, and paid to exporters in Korea.

The Defendant, in the same manner, did not register USD 7,909,790.97 (Korean Won 8,937,662,381) with the Minister of Finance and Economy over 219 times from March 23, 2010 to March 22, 2012, as “foreign exchange receipt” and operated foreign exchange business concerning receipt and payment between the Republic of Korea and foreign countries.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with respect to G, M, B, or N;

1. Four copies of a copy of the paper related to the refund collected at the time of investigation of tax offense; and

1. The name of G (O);