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(영문) 대구지방법원 서부지원 2018.06.08 2018고단1230
외국환거래법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period;

Nevertheless, the Defendant, on February 18, 2009, stayed in the Republic of Korea until April 23, 2018, even though the period of stay under the above status of stay has expired on March 20, 2009, after the Defendant entered the Republic of Korea with his/her nationality as a foreigner for short-term stay (C34) around February 18, 2009.

2. Any person who intends to engage in foreign exchange business in violation of the Foreign Exchange Transactions Act shall prepare capital, facilities and expert manpower sufficient for conducting foreign exchange business, and register in advance with the Minister of Finance and Economy.

Nevertheless, the Defendant, without registering with the Minister of Finance from January 1, 2014 to March 16, 2018, received a request from the Minister of Strategy and Finance to transfer from the Minister of Strategy and Finance, and received a request from a large number of unspecified persons in the region of the Seongbuk-gu, Daegu-gu, for transfer from the Republic of Bangladesh to an unspecified number of Bangladesh, etc., and operated a business of refunding the money to a foreign country by allowing him/her to make a total of KRW 19,45,249,074 after deducting a maximum of 1% from a total of 11,467 occasions, such as the list of crimes in attached Table 1 to 4.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement protocol against B and C;

1. A report on internal investigation (the details of remittance of foreign exchange), one copy of financial transaction records, one copy of D text message of financial transaction records, one copy of a photograph of financial transaction records, one copy of financial transaction records, each financial transaction records, each financial account reply, each of the first warrant linked account records, each of the first warrant linked account data, the part of the second warrant linked account settlement, the copy of the second warrant linked account settlement data, the copy of the request for overseas remittance; and

1. An offender who violates the entry or departure permit.

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