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(영문) 부산지방법원 2011.10.14 2011고단5715
외국환거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who resides in the city of Vietnam, and engages in the business of returning to the country without registration.

Any person who intends to conduct a foreign exchange business shall prepare sufficient capital, facilities and expert manpower pursuant to Article 8 of the Foreign Exchange Transactions Act and register them with the Minister of Strategy and Finance in advance.

Nevertheless, around December 31, 2008, the Defendant received 7,600,000 US dollars 7,60,000 from a person who was unable to know his wishing to transfer from Korea to Vietnam to a national bank account (F) opened in the name of the Defendant’s father, “D,” and paid 1,034 US dollars 7,637,150,675 US dollars in total from the above date to May 5, 201, after deducting 0.5% of the above amount to a person whose name is unknown, 1,035 US dollars 7,000 to the Republic of Korea’s total account from 1,034 US dollars 65,00,000 to 205 US dollars 1,05,000,000 won from the Republic of Korea’s account in the name of the Defendant’s father, 205 US dollars 2,505,000,000 won after deducting the above amount from the Korean account from 20.5% 25,05%.5.5.

Accordingly, the defendant did not register with the Minister of Strategy and Finance, but did not engage in foreign exchange business between Vietnam and Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes on account transactions in the new bank, the Korean Bank, the Korean National Bank, the Nonghyup Bank, and the Korean Exchange Bank;

1. Article 27(1) of the Foreign Exchange Transactions Act, comprehensively including applicable laws and punishment for facts constituting an offense;

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