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(영문) 의정부지방법원 2018.09.12 2018고단2084

외국환거래법위반

Text

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

Any person who desires to engage in foreign exchange business shall, under the conditions as prescribed by the Presidential Decree, prepare the capital, facilities and professional manpower sufficient to conduct foreign exchange business and register with the competent authorities.

Nevertheless, the Defendant, along with B and C, deposited money into an account opened in Korea with the Republic of Korea from the Republic of Korea, and promised to conduct unregistered foreign exchange business (tentatively named) by receiving money from a person who wishes to remit money from the Republic of Korea to the Republic of Korea, and remitting money from another account designated in the Republic of Korea from the Republic of Korea to another account after receiving money from the Republic of Korea in the Philippines.

The Defendant, using nine domestic accounts, such as B and C’s bank calendar branch account (F) in the name of E, D’s H branch account in the name of H bank H branch account in the name of J, E branch account in the name of J, H branch branch account (K) in the name of L bank, N’s H branch account in the name of H, N’s account in the name of H bank Q branch account in the name of H, E branch account in the name of H, E branch account in the name of bank T branch account in the name of S, S, G branch account in the name of S, G branch account in the name of G bank (U) in the name of S, and W E branch account in the Republic of Korea; and B and C share the role of delivering or transferring money in the Republic of Korea under the direction of the Defendant, and engage in non-registered foreign exchange affairs as follows.

1. Around August 31, 2006, the Defendant paid 1,000,000 won to a person who wishes to remit money to the Republic of Korea, upon receipt of a request from Y to a person with no knowledge of his/her residence in the Republic of Korea, and paid 1,00,000 won to a bank account under D’s name, and then deducted the commission fee in the Republic of Korea to a person with no knowledge of his/her name.

The defendant, in collusion with B and C, has conducted foreign exchange business as above.