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1. The defendant A shall be punished by imprisonment for 10 months, by imprisonment for 8 months, and by imprisonment for 6 months, respectively.
2.Provided, That.
Reasons
Punishment of the crime
Any person who intends to engage in foreign exchange business, such as payment, collection, receipt, etc. between the Republic of Korea and a foreign country, shall prepare sufficient capital, facilities, and experts in foreign exchange business and register in advance with the Minister of Finance and Economy.
1. The Defendants jointly committed the crimes of Defendant A and Defendant B, together with the China Exchange I and the J, who are employees, did not register foreign exchange business on November 2016, and opened a transfer of foreign exchange in the name of Defendant A-friendly L in Gwangjin-gu Seoul Special Metropolitan City, which was established in the name of Defendant A-friendly L by the Defendant, and conspired to conduct foreign exchange business by receiving the transfer of foreign exchange from the clients in China to the Chinese bank account in French, and paying it in Korean currency.
Defendant
A around November 2016, 2016, at L’s name, opened a exchange prior to L’s bank account, created an OTP card, passbook, and physical card connected to L’s account to Defendant B, and I, upon request from China on November 17, 2016, requested the exchange of 5 million won from the clients before the exchange due to the exchange, paid the above inside to the Non-Korean bank account. Defendant B transferred KRW 5 million to the Chinese bank account designated by L’s client according to I’s instructions, and Defendant J, an employee, exchanged KRW 5 million to the Chinese bank account in cash from November 7, 2016 to September 201, 2017; Defendant B exchanged KRW 271 to 2718, 271, 271, 271, 275, and 37,000 by means of the exchange request.
Accordingly, the Defendants did not register with the Minister of Strategy and Finance in collusion with J and I, and carried out foreign exchange business such as payment, collection and receipt between the Republic of Korea and China.
2. Defendant A and Defendant C’s joint criminal act did not register foreign exchange business around August 2017 with the said J, and instead did not file a transfer suit in the name of Defendant A’s spouse.