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(영문) 서울동부지방법원 2019.03.13 2018고단4017

외국환거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 13, 2015, the Defendant is operating a money exchange center with a mutual name “C” in Gwangjin-gu Seoul Special Metropolitan City.

Any person who intends to engage in foreign exchange business shall prepare capital, facilities and professional human resources sufficient for conducting foreign exchange business and register such foreign exchange business with the Minister of Strategy and Finance in advance.

Nevertheless, the defendant, without registering foreign exchange business with the Minister of Strategy and Finance, received won currency from the person who requested the transfer of money to China in Korea, and the person who is not the name of the defendant in China, who is in contact with the defendant, to the person designated by the client, or, from those who intend to transfer money to Korea in China or exchange money in Korean currency, the above name in China was paid to the person who is not the above name in question in China and the defendant planned to conduct the "return" business to pay won currency to the person designated by the client in Korea.

On November 19, 2015, the Defendant requested the money from the exchange exchange exchange to China, and received KRW 1,840,000 in the name of “D” in the name of “D” from the account (Account Number:F) under the name of the Defendant, and subsequently, the Defendant provided that the person under whose name was in contact with the Defendant was in China, who was in contact with the Defendant, should make the said client pay the above bill to the person designated by the said client, and from November 19, 2015 to March 23, 2018, the Defendant paid foreign exchange equivalent to KRW 1,037,512,30 in total over 254 times from November 19, 2015 to March 23, 2018, as indicated in the list of crimes.

Around November 14, 2015, the Defendant continued to receive the cryption from a name-free person who requested a transfer to Korea in China, via a name-free person who was in contact with the Defendant in China, and then remitted KRW 1,800,000 to a G bank account in the name of the Defendant in Korea, designated by the said client, from G bank account in the name of the Defendant. < Amended by Presidential Decree No. 28077, Nov. 14, 2017>