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(영문) 서울중앙지방법원 2015.02.12 2014고단9026
외국환거래법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant is a person who is engaged in a "recovering enterprise" in the Republic of Korea while staying in the Philippines.

1. On October 2010, the Defendant violated the Electronic Financial Transactions Act: (a) requested that B make a passbook for the purpose of using the Republic of Korea in detail; (b) received the resident registration certificate, etc. from B; and (c) requested that C enter the Republic of Korea at the time of receipt of the resident registration certificate, etc. from B; and (d) used the resident registration certificate of B in the name of 21 October 2010, 2010; and (c) obtained the issuance of the means of access, such as the post office D, ES E, ESF, NAF, NAF, NAF, NAF, NAF, and NAF, and 5 accounts such as the HF, and the password thereof, and received them from the Philippines around October 23, 2010.

(6) On January 10, 201, the Defendant continued to request a head of a Tong to further B, and on January 5, 201, the Defendant opened on January 6, 2011 and directly opened on January 10, 201.

Accordingly, the Defendant acquired the above seven means of access from B.

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

Nevertheless, on August 4, 2006, the Defendant operated an exchange facility with “L” in the name of the Republic of Korea, and around August 4, 2006, the Defendant, who was requested M to transfer money KRW 3 million from the Republic of Korea (hereinafter “L”), paid the remainder after deducting a certain fee to the names of the Philippines designated by M, as a paint, from August 4, 2006 to July 28, 2008.

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