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(영문) 수원지방법원 평택지원 2014.08.06 2014고정96

외국환거래법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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 business with the Minister of Strategy and Finance in advance.

Nevertheless, the Defendant, without being registered with the Minister of Strategy and Finance on October 3, 2008, purchased KRW 10,000 in the Chinese People's Republic of China 5,484 from D, the actual operator of the C Exchange, around October 3, 2008, after purchasing KRW 10,000,00,000 in the Chinese People's Republic of China. around October 4, 2008, sold the "F Exchange" to the "Korean People's Republic" in the "F Exchange" operated by the Defendant in Pyeongtaek-si, to the "Korean People's Republic" in 10,01,097, from around that time to February 111, 2011.

1. The People's Republic of China sold the People's Republic of China's money of foreign exchange in the same way over a total of 1,087 times, such as "the details of illegal sale and exchange" A and operated a foreign exchange business without registration.

Summary of Evidence

1. Partial statement of the defendant;

1. Each interrogation protocol of the prosecution against D, G, and H;

1. Each police protocol on I, J, K, L, M, N,O, and P;

1. Details of A-use exchange passbooks; and

1. A copy of the purchase or refund slips of franchising;

1. Certification of the discontinuance of business before Q exchange, and certification of the business registration before Q exchange;

1. Application of Acts and subordinate statutes to the details of transactions of opening and withdrawing bank accounts (N,O,K, L, J, M, etc.);

1. Relevant Article 27 (1) 5 of the Foreign Exchange Transactions Act and the main sentence of Article 8 (1) concerning the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. A person who intends to engage in a business of foreign exchange for reasons of conviction under Article 334(1) of the Criminal Procedure Act shall prepare sufficient capital, facilities, and expert human resources for conducting foreign exchange business and register it with the Minister of Strategy and Finance in advance as prescribed by Presidential Decree (Article 8(1) of the Foreign Exchange Transactions Act): Provided, That only one of the "purchase or sale of foreign currency" and "purchase of travelers' checks issued in a foreign country" among foreign exchange business is intended to engage in a business