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(영문) 대전지방법원 천안지원 2013.11.14 2013고단1206 (1)

외국환거래법위반

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[criminal power] On August 30, 2012, the Defendant was sentenced by the Seoul High Court to imprisonment with labor for a violation of the Foreign Exchange Transactions Act, etc., and the judgment became final and conclusive on September 7, 2012.

【Criminal Facts】

A person who intends to engage in foreign exchange business shall prepare capital, facilities, and professional human resources sufficient to engage in foreign exchange business and register such business with the Minister of Strategy and Finance in advance, and the accused has not registered such business.

The defendant and the defendant's wife D (the family name E) moved to Australia in around 2001, and the defendant acquired the family nationality around July 201.

When the Defendant and the Defendant’s wife operate a food store operated by the Defendant’s husband and wife in Australia and a money exchange business annexed thereto, they received a request for transfer from the students or students visiting such place to Australia, they deposited in the name of D or G account managed by the Defendant’s husband and wife, and paid USD 100 corresponding thereto. Upon receiving a request for transfer from Australia to Korea, the Defendant and the Defendant’s wife received USD 10 and transferred the corresponding transfer from the Internet bank account or G name to the domestic payee’s account.

Accordingly, the Defendant and the Defendant’s wife transferred USD 5 million from July 20, 2009 to the domestic bank account (Account Number H) to the domestic addressee’s account, from April 30, 2012, 16,403,26,778 won in total using five accounts, as shown in attached Table 1, from the date of transfer from the bank account (Account Number H) to the domestic addressee’s account.

In addition, on July 20, 2009, the defendant and the defendant's wife D received 1100,000 won from the bank account in the name of the defendant and the defendant's bank account (Account Number H) at the money exchange center located in the city and upon the request of the person who did not want to transfer to Australia in the Republic of Korea.

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