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(영문) 서울동부지방법원 2018.07.26 2018고단1316

외국환거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Fact-finding] On April 6, 2011, the Defendant was staying in Japan for a certain period of time with the aim of escaping criminal punishment from criminal punishment from around April 6, 2011 to around December 4, 201, and the period of prescription was suspended.

When operating the food store of "E" in Japan, the Defendant: (a) transferred the won currency equivalent to the amount calculated by deducting the amount of 500 UN ( approximately KRW 5,000) per commission from the person requesting the transfer of Japanese residence to Korea; (b) transferred the won currency equivalent to the amount of 500 won per commission to the account of the recipient of Korean residence designated by him/her; or (c) received the remittance of Korean currency from the resident of Japan who wishes to exchange Korean currency from the person of Japanese residence to United Nations; and (d) received the remittance of Korean currency from the resident of Korea at the request of the resident of Japan who wants to exchange Korean currency to United Nations; and (e) received the remittance of Korean currency from the person requesting the transfer of Japanese currency, and

[2] A person who intends to conduct foreign exchange business shall prepare sufficient capital, facilities, and professional human resources to conduct foreign exchange business and shall register with the Minister of Finance and Economy in advance, as prescribed by Presidential Decree.

1. Around October 22, 2007, the Defendant received approximately KRW 39,880N from the name in the name in the name in which he/she wishes to remit money to the Busan Bank account in the name in the name of the F in the name of the Republic of Korea, upon request, the Defendant received approximately KRW 39,880N from the name in the name in the name of the F in the name of the Republic of Korea. The Defendant transferred the fee to the above F through the bank account (H: H) of the G bank of the name in which the Defendant manages KRW 393,800, from that time until May 23, 2011. From that time, the Defendant received approximately KRW 3,353 total sum of approximately 78,475,88N, and deducted the fee from the person who requested remittance to the Republic of Korea.