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(영문) 수원지방법원 안산지원 2019.05.15 2019고단383

외국환거래법위반

Text

Defendant

A Imprisonment with prison labor for six months and for one year and six months, respectively.

However, for two years, the defendant A.

Reasons

Punishment of the crime

1. The Defendants’ co-principals Defendant A are operators of the “D Exchange Center” located in Ansan-si Group C, Ansan-si, and the Defendants B are operators of the “F Exchange Center” located in Ansan-si, Ansan-si, and they are operators of the “F Exchange Center” located in Ansan-si.

Any person who intends to engage in a business of foreign exchange such as payment, collection and receipt between the Republic of Korea and a foreign country shall prepare sufficient capital, facilities and professional human resources to conduct a foreign exchange business and register such business with the Minister of Strategy and Finance in advance, and shall not conduct a foreign exchange business without such registration.

Nevertheless, on March 22, 2018, Defendant A transferred approximately KRW 42,270,000, which was the sum of KRW 52,000,000,000, which was the sum of the 52,270,000,000 won and KRW 10,000,000, from the private exchange clients in front of the Dong-gu, Ansan-si, Nowon-si, and then moved to the Francing Station E at around 21:00 on the same day, Defendant had the remainder of KRW 42,20,00,000, and delivered the remainder to Defendant B, who is the operator of the F Exchange Station. Defendant B exchanged the 42,20,000,000, which was the mobile phone in China, the OTP card that was established in China, and the OTP card that was designated by Defendant A transferred to the Chinese bank account in China.

Accordingly, the Defendants conspired to engage in foreign exchange business without being registered with the Minister of Strategy and Finance.

2. Defendant B, who is a foreigner of Chinese nationality, was willing to engage in illegal money exchange business using the encryption exchange without registering his name-free Chinese (one name “H”; hereinafter “name-free box”) and the foreign exchange business at the F Exchange Center in Ansan-si, where the Defendant was a foreigner of Chinese nationality, and the Defendant purchased the coin from the cryptist Exchange in China, and transmitted the coin to the crypter of the cryptist Exchange in which the Defendant joined.