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(영문) 대구지방법원 2018.08.30 2018고단2617

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

Punishment of the crime

The defendant is a foreigner of Indonesia's nationality, who enters the Republic of Korea on December 16, 2014, and the period of stay expires on February 20, 2015.

1. Any person who intends to engage in foreign exchange business in violation of the Foreign Exchange Transactions Act shall prepare capital, facilities and expert manpower sufficient for conducting foreign exchange business, and register in advance with the Minister of Finance and Economy;

Nevertheless, the Defendant did not register with the Minister of Planning and Finance, from November 29, 2015 to June 5, 2018, requested the Minister of Government Administration and Economy to transfer to Indonesia from a large number of unspecified Indonesia, etc. at the Defendant’s residence located in the building D. 402 in Gyeongbuk-do. The Defendant received a total of KRW 14,025,502,520 from 26,028 to 7 accounts under the name of the Defendant’s management and 35,000 won from 5,00 won to 35,00 won from 8,00 won from 7,00 won from 8,00 won from 20 won to 38,00 won from 7,00 won from 38,00 won from 4,000 won to 7,00 won from 8,000 won to 38,000 won from 13,000 won from 2.

Accordingly, the Defendant, from November 29, 2015 to June 5, 2018, carried out unregistered foreign exchange business for payment, collection, receipt, etc. between the Republic of Korea and Indonesia with respect to Korean won or Australia worth KRW 27,858,304,006 in total.

2. Anyone who violates the Electronic Financial Transactions Act shall use and take access media.