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(영문) 대구지방법원 서부지원 2018.01.12 2017고단2705
외국환거래법위반
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

The Defendant is a foreigner of Chinese nationality, and is engaged in the exchange business with the trade name “D” in Suwon-si C.

A person who intends to engage in foreign exchange business, such as issuance or sale of foreign exchange, and payment, collection, and receipt between the Republic of Korea and a foreign country, shall register with the Minister of Finance and Economy.

Nevertheless, on May 2017, the Defendant, along with “F” on the personal information of both E and China residing in the Republic of Korea and, without being registered with the competent Minister of Finance and Economy and without changing the means of payment, intended to engage in foreign exchange transactions between the Republic of Korea and China using the term “recovering”, a method of obtaining the effect of remittance only by means of offsetting without registering with the competent Minister of Finance and Economy, and intended to acquire the “money exchange commission” through this.

1. The Defendant jointly committed the crime with E and F along with E and F, as seen above, shall be subject to the request of E and F to transfer KRW 2,010,00,00 from “H E” located in Daegu-gun G around May 1, 2017 to China” from “I” Chinese, and shall notify the Defendant, “I” who is the remitter, shall transfer KRW 2,010,000 to the account under the name of the Defendant, and the Defendant shall receive the aforementioned request for remittance from “D” to the account designated by the remitter, and shall instruct F to transfer 2,010,000,000,000 won equivalent to KRW 2,00,000 from “D” to the account designated by the remitter, from “I” to the account designated by the Defendant’s name, from the date on which the amount corresponding to the Defendant’s direction was remitted to the account designated by the Defendant, or from October 1, 2019 to the account corresponding to the above KRW 3614,54,65,364,00.

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