beta
(영문) 서울중앙지방법원 2017.03.16 2017고단489

외국환거래법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

In order to conduct foreign exchange business, it shall be equipped with sufficient capital, facilities and professional human resources to conduct foreign exchange business and shall be registered with the Minister of Finance and Economy in advance.

Nevertheless, the Defendant opened an account of a bank located in his own name, and sentenced him to handle foreign exchange affairs between Korea and Mcaro using that account.

On November 6, 2015, the Defendant, without registering, received KRW 10,000,000 from Korea to Makao, deducted a certain fee, and paid USD 10,000 to the Mey Bank account (C) in the name of the Defendant, and then paid USD 645,270,000 corresponding to the payment of USD 10,00 to Meyan designated by the above Meyer of the Republic of Korea from February 13, 2016, and paid USD 645,270,000 in total over 123 times from that date to February 13, 2016.

In addition, on November 2, 2015, the Defendant received USD 1,470,00 from a person who wants to remit money from Makao to Korea, and operated an unregistered foreign exchange business by means of remitting the sum of USD 65,457,400 equivalent to USD 1,477,00 in the name of the Defendant using the above Meti Bank account in the name of the Defendant, and remitting KRW 1,470,00 in the name of D through the above Meti Bank account in the name of the Defendant, and from that date to June 27, 2016 from that date, 71 times from that date, as shown in the List of Offenses (2) of Attached Crimes (hereinafter referred to as the “Maka remittance”).

Accordingly, the defendant did not register with the Minister of Strategy and Finance, and did not pay or receive 1,300,727,400 won through 194 times, on behalf of the Minister of Strategy and Finance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each investigation report (Attachment, etc. of a detailed statement of transactions);

1. Relevant Article of the Act and Article 27 (1) 5 and Article 8 (1) of the Foreign Exchange Transactions Act concerning the facts constituting an offense (the selection of fines in consideration of the fact that the crime is first committed, the scale of foreign exchange business, etc.).