beta
(영문) 서울중앙지방법원 2016.10.05 2016고단3110

외국환거래법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor of one year and four months, by imprisonment with prison labor of Defendant B, and by a fine of five million won.

Reasons

Punishment of the crime

1. The Defendants’ relevant Defendant A entered the Republic of Korea as an alien of the Republic of Korea’s nationality on September 11, 1996 as an industrial technical trainee and stayed illegally from September 1, 1997 when the period of stay expires, and Defendant B is a foreigner of the Republic of Korea’s nationality who has entered the Republic of Korea several times from May 23, 2007 to tourism (C-3), and Defendant C is a person operating H exchange facilities in Yongsan-gu Seoul Metropolitan Government.

2. Criminal facts;

(a) A person who intends to engage in a business of foreign exchange business of Defendant A and Defendant B shall have sufficient capital, facilities and human resources for conducting foreign exchange business and shall register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree;

Nevertheless, without registering foreign exchange business, the Defendants conspired to conduct foreign exchange business in the order of priority without registering the foreign exchange business, with the I residing in the Philippines as a punishment of Defendant A, and with the method of "recoverment".

Defendant

A around May 2013, after receiving a request for transfer from the Republic of Korea from the Republic of Korea, the Republic of Korea, the Republic of Korea, and the Republic of Korea, the Republic of Korea made a prior payment of the money requested by a person entitled to transfer in contact with I, who is a liability in the Republic of Korea. Afterwards, the remitters deposited the money from the remitters into the borrowed account in the name of the Republic of Korea used by the defendant, or exchanged the money into US US dollars by directly receiving the remittances from the remitters, and at the time of departure from the Republic of Korea, in order not to detect the airport search at the time of departure from the Republic of Korea, the Seocho-gu Seoul Metropolitan Government, the domicile of the defendant, cut the middle part of the sealed land into the middle part of the sealed land with 100 US$ 5,00,000,000 into a plastic paper paper, and concealed the above US dollars in the shape of a tape with a low plastic paper paper attached to the paper. < Amended by Presidential Decree No. 24220, Jul. 2, 2013>