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(영문) 대전지방법원 2019.07.04 2019고단319

외국환거래법위반

Text

Defendant

A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is a Chinese citizen, a national spouse (F5 visa) who currently enters Korea and operates a D restaurant in Sejong City, the defendant A is a Chinese citizen, the defendant A enters Korea as a Chinese citizen on July 5, 2006, and the period of stay expires on February 29, 2008, the number of trees in the construction site, and the construction worker who manages China's construction worker.

The Defendants conspired to refer the transfer to China by Chinese residents E, China F, China-China, G, China-China, and China-China residents residing in the Republic of Korea, or to transfer the transfer to China in the order of the Chinese residents when they request the transfer to Korea. Defendant B was entrusted with the transfer from domestic residents and notified the intermediate account being transferred to China. Defendant A provided the account under the name of the Defendant, and the transfer by receiving the transfer order from F and I via the J, a mobile phone Ma, which is based on the mobile phone from China.

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

Nevertheless, the Defendants did not make the above registration, and around May 31, 2018, Defendant B requested to transfer KRW 500,000 from K, a domestic resident of the Republic of Korea who wants to transfer to China, and notified it to K, and Defendant A provided the Industrial Bank of Korea account in the name of the Defendant A, Defendant A provided the Bank account in the name of the Defendant, received KRW 500,000 from K, and paid KRW 2,876 (Korean Won KRW 4,76,000) after deducting the fee from the fee in the Chinese bank designated by K, and Defendant A provided the account in the above manner. < Amended by Act No. 14135, Nov. 29, 2016>