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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

Defendant

A is a student of Chinese nationality who operates a money exchange center while selling communications equipment in Busan-gu B.

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

Nevertheless, on April 26, 2018, the Defendant, without registering, received KRW 32.8 million from D on the street near the above “C” from D and received KRW 19.9 million from D on the same day at around 15:00 on the same day, and intended to conduct foreign exchange business by the prompt term “transfer” method to the account designated by the bearer of the name in China, and transferred 10,000 bills from E, the temporary border, from F, 85,00 bills from F, and 117,647 bills from G to the H bank account in the name of the Defendant, and then transferred 310,900 bills, which amounted to KRW 5,270,00 from D, to the account designated by the name bearer of the above I bank.

Accordingly, the defendant did not register with the Minister of Strategy and Finance, and did foreign exchange business such as payment and receipt between the Republic of Korea and China.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on account transactions and details of transfer;

1. Relevant legal provisions concerning facts constituting an offense, and the choice of punishment under Article 27-2 (1) 1 of the Foreign Exchange Transactions Act and the main sentence of Article 8 of the Foreign Exchange Transactions Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is that foreign exchange business may impair transparency in foreign exchange transactions, interfere with national monetary policies, and be abused as a means of illegal monetary transactions.

However, the scale and amount of foreign exchange transactions conducted by the defendant is not significant, and profits acquired are also significant.