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(영문) 광주지방법원 2021.01.13 2020고단5072

외국환거래법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to engage in foreign exchange business shall, as prescribed by Presidential Decree, register in advance with the Minister of Strategy and Finance after meeting requirements for capital, facilities, professional human resources, etc. necessary for the relevant business.

Upon receipt of a request from B for the exchange of won currency from October 2, 2018 to December 29, 2018, the Defendant engaged in a foreign exchange business that purchases or sells foreign currencies without being registered with the Minister of Finance and Economy, such as exchanging KRW 768,680,451, the sum of the issued money from the above B in the area of the Philippines from October 2, 2018 to the said area.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Attachment of transaction details of A post offices D;

1. Application of immigration statutes;

1. Relevant Article 27-2 of the Act and the main sentence of Article 8 (1) 1 and the main sentence of Article 8 (1) of the Foreign Exchange Transactions Act (generally, selection of fines) concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Foreign Exchange Transactions Act: Unregistered money exchange business is likely to undermine the transparency of foreign exchange transactions, disrupt the order of foreign exchange transactions, and abuse it as a means to commit other crimes: The circumstances that are favorable: recognition of his mistake and reflect it; the first offender who has no record of criminal punishment; and the above circumstances, as well as the period, frequency and size of the crime in this case; the defendant's age, sex behavior, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc., shall be determined as ordered by taking into account all the sentencing conditions indicated in the arguments and records of this case.