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(영문) 서울남부지방법원 2016.06.01 2015고정2552

외국환거래법위반등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to conduct foreign exchange business in violation of the Foreign Exchange Transactions Act shall prepare sufficient capital, facilities and professional human resources for conducting foreign exchange business and register in advance with the Minister of Finance and Economy, as prescribed by Presidential Decree;

The Defendant, from October 6, 2011 to Geumcheon-gu Seoul Metropolitan Government D1, was operating a transshipment center with the trade name “E exchange prior to the exchange,” and was willing to receive fees from those who want to remit money between the Republic of Korea and China, and intended to engage in foreign exchange affairs by the prompt term transshipment.

On May 5, 2015, the Defendant received a request from F to transfer to a name in distressed person the amount of KRW 70,000,000 from F in the above “E Exchange Transfer Center” from F, and paid KRW 10,000,000 to a new bank account under the name of G (Account Number H), the Nonghyup Bank account (Account Number I), the New Bank account in the name of J (Account Number K), the New Bank Account in the name of J (Account Number K), the N Account in the name of N, the Han Bank Account in the name of P (Account NumberO), Q, and the New Bank Account in the name of R (Account Number S), and then paid KRW 10,00,000 to a person entitled to transfer from Vietnam equivalent to the amount of profit arising from exchange rate difference, etc. The Defendant withdrawn from the above account after deducting the above fee from 1-30,000 won in cash from each of the above accounts.

Accordingly, the Defendant did not register the above KRW 70 million with the Minister of Finance and Economy as a method of returning to the Republic of Korea, but did not register the same with the Minister of Strategy and Finance.

2. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any access medium;

Nevertheless, at around 11:00 on December 10, 2014, the Defendant requested the account opening for the money exchange business to the person who resides in China, from the above “E Exchange Pre-Case” to the person who is not the name of the resident in China, and thereby, the name of P.