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(영문) 서울남부지방법원 2016.08.11 2016고단2916

외국환거래법위반등

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Any person who intends to engage in foreign exchange business, such as payment, receipt, etc. between the Republic of Korea and a foreign country, shall have sufficient capital, facilities and human resources in conducting foreign exchange business and shall register in advance with the Minister of Finance and Economy, as prescribed by

1. On November 201, 201, the Defendant: (a) from D and E engaging in a business prior to the exchange of Australia currency and Korean currency in the name of “C” in the name of “B” located in Australia, and from D and E, the Defendant would transfer to B the exchange prior to the exchange of Australia currency.

“The proposal was received and accepted.”

Accordingly, D and E, without being registered with the Minister of Finance and Economy from November 30, 201 to March 25, 2012, when they received a request from the school residents or students visiting the aforementioned C&C exchange center from around November 30, 2011 to from March 25, 2012 to transfer to Australia, they received deposits into the account in the name of the defendant, and paid the corresponding Australia US dollars, and upon receiving a request for transfer from Australia to Korea from Australia, they assisted the crime of aiding and abetting D and E by lending the equivalent sum of KRW 481,815,125 in the sum from the account in the name of the defendant to the account of the domestic recipient using Internet banking, etc., and transferring the equivalent sum of KRW 517,83,179 in the sum from the account in the name of the defendant and receiving certain fees.

2. On March 26, 2012, the Defendant violated the Foreign Exchange Transactions Act, upon receiving the transfer of the said transfer from the said D and E, and operating the said transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer without registering with