외국환거래법위반
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.
Punishment of the crime
From October 2015, the Defendant, from around 10th 2015, had established a mutual travel physician, deducted a certain amount of travel fund, etc. from the Republic of Korea to pay in Korean currency, and had been in mind to run a foreign exchange business without registration by paying a certain amount of fees.
Any person who intends to engage in foreign exchange business 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.
Nevertheless, the Defendant, on November 7, 2015, received 17,000,000 won from D’s bank account under the name of the Defendant and paid 2,628,847,200 won from August 18, 2016 to the Defendant’s account in the name of the Defendant, and paid 17,00,000 won from D’s bank account in exchange for money without registering a money exchange business at the above travel company, and then paid 2,628,847,20 won from August 18, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to the Kakao Stockholm conversation, trade specifications by account, trade specifications by account, and trade specifications;
1. Relevant Article 27(1)6 and the main text of Article 8(3) of the former Foreign Exchange Transactions Act (amended by Act No. 14525, Jan. 17, 2017) regarding criminal facts and the selection of punishment for imprisonment.
1. Article 62 (1) of the Criminal Act (The following favorable circumstances):
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, without registration, engaged in foreign exchange transactions equivalent to KRW 2,628,847,200, which are disadvantageous to the Defendant.
However, in consideration of the fact that the defendant is the first offender, the confession of the crime of this case, and the attitude against him, and other circumstances under Article 51 of the Criminal Act, etc., the punishment shall be determined as per the order.