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(영문) 창원지방법원 2017.05.11 2017고정113

외국환거래법위반등

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Defendants shall be punished by a fine of three million won.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. Any person who intends to conduct foreign exchange business in violation of the Foreign Exchange Transactions Act shall prepare sufficient capital, facilities and expert manpower for conducting foreign exchange business and register in advance with the Minister of Finance and Economy;

On April 30, 2015, the Defendants did not register a foreign exchange business to the authorities, requested from the F in the counter E of Changwon-si operated by the Defendants to transfer 5 million won from the French Chinese guest to China, made the above amount to G transfer to the Chinese non-Korean account, and then deposited the amount to Defendant B’s corporate bank and credit cooperative account, and G deposited it into the Chinese non-Korean account and deposited it in cash.

As such, the Defendants are engaged in foreign exchange business that transfers KRW 856,246,892 from April 14, 2015 to June 6, 2016, as shown in attached Table 1 and attached Table 2, to the Chinese Non-Korean account.

2. The Defendants in violation of the Electronic Financial Transactions Act transferred a accessible medium used for financial transactions by sending a e-mail card and password to G by mail for use in foreign exchange business, such as the above 1. on the beginning of April 2015, to Defendant B’s H bank account and the e-mail I account in order to use it for foreign exchange business.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police against B;

1. A investigation report (a detailed statement of remittance to China);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the Director in Charge of Collaboration);

1. The Defendants of the relevant legal doctrine regarding criminal facts: Article 27(1)5 of the Foreign Exchange Transactions Act, the main sentence of Article 8(1) of the same Act, Article 30 of the Criminal Act (in all cases, the point of unregistered foreign exchange business), Article 49(4)1 and Article 6(3)1 of the respective Electronic Financial Transactions Act, Article 30 of the Criminal Act (in the case of transfer of access media).

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act (inter-Korean between violations of the Electronic Financial Transactions Act by each approaching medium);

1. Defendants who choose to impose punishment: Each selective fine

1. Defendants who aggravated concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act.