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(영문) 대구지방법원 서부지원 2017.10.26 2017고단2211

외국환거래법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Immigration Control Act;

A. On September 4, 2017, the Defendant, who is a national of the People’s Republic of China, requested a presentation of a passport, etc. from G in the circumstances where the F of the Daegu Regional Police Agency F to investigate the Defendant’s violation of the Foreign Exchange Management Act, on September 4, 2017, the Defendant had been holding a passport, etc. on the Defendant’s home.

The phrase “does not present a passport, etc.”

B. On December 19, 2008, the Defendant, who is a national of the People’s Republic of China, entered the Republic of Korea as a general non-official certificate, and despite the expiration of the period of stay on January 18, 2009, stayed in the Republic of Korea from January 19, 2009 to September 4, 2017.

2. Violation of the Foreign Exchange Management Act;

A. The Defendant conspiredd to conduct foreign exchange affairs by trading foreign exchange using a tentative name, which is a method of obtaining the effect of remittance only through a set-off method without registering personal information with the Minister of Finance and Economy, along with “H,” etc., and by acquiring “money exchange commission” without registering his/her personal information with the Minister of Finance and Economy, by means of a set-off method without changing the means of payment.

On March 11, 2016, at the place indicated in paragraph 1-A (a) around March 11, 2016, the Defendant: (a) requested from the Chinese Government “I to transfer KRW 1,300,000 from “I”; (b) requested the remitter to transfer the money to the above H’s account; and (c) immediately transferred the money to the account designated by the remitter, etc. at the local site.

In addition, the Defendant, in collusion with the above “H, etc.” from March 10, 2016 to June 30, 2016, received an amount equivalent to KRW 4,256,283,00 in total from domestic remitters in cash or account at least 757 times, such as the list of crimes (1) in attached Form 757, and remitted the above money to the account designated by the Defendant.