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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
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, as prescribed by Presidential Decree.
Nevertheless, the Defendant, in Korea, deposited money in Korean currency into the domestic account opened in the name of the Defendant, C, D, and E, paid to the person who wants to transfer money in Korea through the account opened in Japan under the name of the Defendant, etc., and made the amount to be transferred from the non-residents who want to Korea to Japan deposited into the account opened in Japan in the name of the Defendant, etc. In Japan, the Defendant, through the domestic account opened in the name of the said Defendant, etc., decided to conduct foreign exchange business without registration with the competent authority by the referring to the 'recoverment' method of settlement after the Defendant’s domestic account without actual foreign currency transfer, such as the transfer of money to the Korean account through the domestic account opened in the name of the said Defendant, etc., or the transfer of money
1. From March 16, 2009 to October 3, 2013, the Defendant, on behalf of Japan, deposited KRW 16,710,00,000 in the amount of imported goods to be paid to Japan in D’s account (Account Number G). The Defendant paid the amount equivalent to the sum of KRW 2,792,035,946 from March 16, 2009 to October 3, 2013 in the same manner as above, including the sum of KRW 2,792,035,946 from Korea to Japan.
2. On December 31, 2009, the Defendant, acting as a remittance agent in Japan, received the DNAization from a person who wants to remit money to Korea in Japan, and pays 1,232,000 won deposited in the domestic bank account (Account Number H) in the name of the Defendant to I by account transfer and other crimes table II.