logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.06.10 2020고단911
외국환거래법위반
Text

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 to engage in foreign exchange business and register such business with the Minister of Strategy and Finance in advance, and shall not engage in foreign exchange business without registration, as prescribed by the relevant Acts and subordinate statutes.

Nevertheless, the Defendant, without being registered with the Minister of Strategy and Finance from May 2, 2017 to October 2, 2011 of the same year, received the total sum of KRW 1,442,873,576 from customers who wish to transfer from Makao to 264 times in total, such as the list of crimes (1) in the attached Form, to B Bank account in the name of the Defendant (C) or D Bank account in the name of the Defendant, and paid to customers of Hong Kong equivalent to the remaining amount after deducting the fee. From May 4, 2017 to October 4, 2010 of the same year, the Defendant transferred from 206 to 206 times in total the balance after deducting the fee from the customers who want to transfer from Makao to Korea.

Accordingly, the defendant had a total of KRW 2,824,300,305 won in total over 470 times and operated foreign exchange business without registering it with the Minister of Strategy and Finance.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A copy of each police statement made to F and G;

1. A bank account transactions statement, B bank account transactions statement, and D bank account transactions statement;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Relevant Article 27-2 (1) 1 and Article 8 (3) 1 of the Foreign Exchange Transactions Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 30 of the Foreign Exchange Transactions Act;

1. The Criminal Procedure Act;

arrow