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(영문) 서울남부지방법원 2015.05.21 2015고단877
외국환거래법위반
Text

A defendant shall be punished by imprisonment for one year.

except that 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

Any person who intends to conduct a foreign exchange business, such as the payment, collection and receipt of foreign exchange between the Republic of Korea and a foreign country, shall prepare sufficient capital, facilities and human resources to conduct foreign exchange business and register it with the Minister of Strategy

However, while operating a mutual exchange office in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) registered a business that only enables the purchase or sale of foreign currencies, and purchase of travelers’ checks issued from a foreign country; (b) received won currency from a person who wants to transfer money to China using a loan account from the Chinese branch; (c) paid the money in urine to the Chinese branch; (d) had the person who wants to transfer money from China issued the money in urgical currency to Korea; (e) had the intention to conduct a non-registered foreign exchange business in Korean currency by paying the fee and paying it in Korean won; (e) around May 19, 2014, the Defendant received the amount of KRW 20 million from D who wants to transfer money from Korea to China; and (e) paid the equivalent amount of KRW 25 million to D’s Chinese account after restricting fees for 0.25% from Korea to China; and (e) paid the equivalent amount of KRW 45 billion from February 2014 to D’s foreign exchange business to the person designated by Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made between the defendant and D among the police interrogation records of the accused;

1. Application of Acts and subordinate statutes on police statement to E;

1. The defendant's act of sentencing on the grounds of Article 62 (1) of the Criminal Act, which comprehensively covers applicable laws to facts constituting an offense, shall be conducted by conducting foreign exchange business without filing business registration with the competent authorities, for the reason of suspended execution of Article 27 (1) 5 and the main sentence of Article 8 (1) of the Foreign Exchange Transactions Act.

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