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(영문) 춘천지방법원 강릉지원 2018.04.12 2018고단141

외국환거래법위반

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A defendant shall be punished by imprisonment for one year.

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 the Republic of Korea, and is a person who runs a mutual exchange business, etc. with the trade name of “E” at the level D and 2 Seoul Jung-gu, Seoul.

A person who intends to engage in foreign exchange business, such as issuance or sale of foreign exchange, and payment, collection, and receipt between the Republic of Korea and a foreign country, shall register with the Minister of Finance and Economy.

Nevertheless, the Defendant, at around 2015, registered with the Minister of Finance and Economy, who is the relative of the Defendant residing in the Republic of Korea residing in the Republic of Korea who wants to transfer to the Republic of Korea to the Republic of Korea (USD) and transferred the sum of the commissions per 2.5% from the person who wants to transfer to the Republic of Korea residing in the Republic of Korea to the Republic of Korea to the Republic of Korea (USD). However, the Defendant, knowing that he was aware of the fact that G, H, I, etc. depart from the Republic of Korea to the Republic of Korea from the Republic of Korea, sent the changed U.S. dollars (USD) to the said person, and upon arrival of the Republic of Korea to the Republic of Korea from the Republic of Korea, F after receiving the contact of the Defendant to the Republic of Korea (USD) and then acquired the fees through foreign exchange transactions between the Republic of Korea and the Republic of Korea.

On July 2015, the Defendant: (a) in collusion with the above F, requested K to transfer USD 300 from J to K located in Switzerland; and (b) transferred the commission and the remittance amount to the Defendant’s account in which the Defendant is using; and (c) delivered USD 300 via F via the above method.

In addition, the Defendant received approximately KRW 9,950,131,228 in total from the remitters who reside in Korea over a total of 10,059 times from July 2015 to January 2018, as indicated in the list of crimes in the separate sheet of crimes, and reside in the Defendant’s account.