beta
(영문) 서울중앙지방법원 2016.05.17 2016고정1011

외국환거래법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 20, 2014, the Defendant violated the Foreign Exchange Transactions Act is a person who operates a transshipment office with the trade name of “C” after having registered a money exchange business operator with the Bank of Korea in the name of Defendant’s wife B.

Any person who intends to conduct foreign exchange business shall have sufficient capital, facilities and human resources for conducting foreign exchange business and shall register in advance with the competent authority.

Nevertheless, from August 5, 2015 to August 13:50, 2015, the Defendant received KRW 4,150,000 from the above "C" office in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, to transfer money from E, and received KRW 4,150,00 won in cash from E, and received KRW 22,10,000,000,000,000, out of which shall be limited to KRW 4,140,00,000, using the Chinese bank account (Account Number: G) in the name of the People's Republic of China of the People's Republic of China, and transferred the money to the Chinese Bank account (Account Number: I) in the name of H designated by the above E, from August 5, 2014 to August 5, 2015, upon request from the People's Republic of China, the Defendant received KRW 10,000,000 from each citizen of the Republic of China who was remanded.

Accordingly, the defendant did not register with the competent authorities for foreign exchange business.

2. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium issued by a financial institution or an electronic financial business entity for electronic financial transactions in the course of using or managing such access medium;

Nevertheless, the Defendant needs to transfer money to the J for the purpose of using it in foreign exchange exchange affairs at the “C” office such as the statement in paragraph (1) around November 2014, and there is a need for a domestic account to be used in foreign exchange exchange affairs.

“The purpose of this,” is to be established in the above J’s name.