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(영문) 서울서부지방법원 2014.11.28 2014고단2431

외국환거래법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2014, the Defendant was sentenced to imprisonment with prison labor at the Seoul Western District Court for a crime of fraud, and the said judgment became final and conclusive on the 13th of the same month.

Anyone who intends to conduct a business of foreign exchange such as payment, collection and receipt between the Republic of Korea and a foreign country shall prepare sufficient capital, facilities and human resources to conduct the foreign exchange business and register them with the Minister of Strategy and Finance.

Nevertheless, on July 2, 2009, when entering the Incheon International Airport located in Jung-gu Incheon International Airport, the Defendant reported to the head of Incheon Airport customs office 28,000,000,000,000,000 of the total export amount of C’s foreign currency and the export amount of C’s stock company operating the Defendant to Korea in Japan, and delivered to D the remainder of 22,658,000,000,000 (Korean 297,48,211,000,000,000) excluding the export amount of the above company excluding the export amount of the above company, and paid foreign exchange affairs to D in total 73 times from the above date to December 29, 2012, such as in the list of crimes in the attached Table, from Japan, to transfer them as investment or goods.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation, receipt of report, C foreign exchange entry details, C enterprise information, C export performance, comparison of the amount of bringing-in, C tax data;

1. Previous records: Application of Acts and subordinate statutes to the defendant's legal statements, criminal records, investigation reports (Attachment to judgment of the court of first instance in the relevant case);

1. Article applicable to the crime, Articles 27 (1) 5 and 8 (1) of the Foreign Exchange Transactions Act, the choice of punishment, and the choice of imprisonment with labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr.