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(영문) 부산지방법원 동부지원 2015.06.30 2015고정404

외국환거래법위반

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

Any person who intends to purchase or sell foreign currencies as his/her business shall prepare facilities necessary for conducting money exchange business, as prescribed by Presidential Decree, and register such business with the Minister of Strategy and Finance in advance

The Defendant, while operating a non-registered exchange facility with his spouse B, has made a lot of foreign currency exchange transactions in the name of the Defendant, B, and his wife, had entered the territory of the Republic of Korea in which he had preferential exchange rates applied to the transaction of foreign currency exchange to customers at the royalty grade, and had an unspecified number of Japanese persons, etc. who wish to exchange foreign currency, such as the United Nations, into the territory of the Republic of Korea, to purchase foreign currency from the Busan Bank, and to sell it to the Defendant, B, and C in the name of the Busan Bank.

On January 8, 2014, the Defendant, without being registered with the Minister of Strategy and Finance, purchased or sold USD 63,980,000 (JPY), 66,470 (USD), 3,000 (AUD), 3,000 (AUD), from the point of time in which the Defendant purchased or sold, without being registered with the Minister of Strategy and Finance, the total sum of USD 63,980,000 (JPY), 66,470 (UUD), 3,000 (AUD), from the point of time in time of the opening of the Busan Bank, the point in time of the Kimhae Airport, the point of time of time in which the Defendant received the above money, and sold or purchased it at the point of time of time in Busan Bank, the point in time of time around that time, from March 5, 2014.

Accordingly, the defendant, in collusion with B, was engaged in the business of purchasing or selling foreign currencies without being registered with the Minister of Strategy and Finance.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D, E, and F;

1. Investigation reports (Reporting attached to the specification of transactions of foreign exchange and exchange);

1. Application of statutes referring cases of notification of violations of the Foreign Exchange Transactions Act;

1. Relevant Article of the Act on Criminal Facts, Articles 27(1)6 and 8(3) of the Foreign Exchange Transactions Act, the choice of punishment, and the Criminal Act;