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(영문) 인천지방법원 2018.07.19 2018고단3432
외국환거래법위반
Text

A defendant shall be punished by imprisonment for nine months and by a fine of ten thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who intends to conduct foreign exchange business shall prepare capital, facilities and professional human resources sufficient for conducting foreign exchange business and register in advance with the Minister of Finance and Economy, as prescribed by Presidential Decree.

Nevertheless, on August 2016, the Defendant, without any registration, received fees from persons who wish to remit money between Korea and China using smartphones at the residence of the members of Ansan-si, Sinsan-si (D, China's nationality) and received fees from persons who wish to remit money between Korea and China, and had the intention to engage in foreign exchange affairs related to payment and receipt between Korea and China as a prompt method.

Accordingly, on August 1, 2016, the Defendant received 60,000 won from the “F” who wants to transfer money from Korea to China, and received 600,000 won from the account (G) in the name of the Defendant, and paid it to a person designated by the “F” through a branch in China corresponding to this, and in collusion with D (D and Chinese nationality) to December 19, 2017, the Defendant received 3,928 won in total from 14,45,069,337 won, and the Defendant received 2,000 won in the name of the Defendant and paid the remainder to the person designated by the “F” from the branch in China, and the Defendant received 1,000 won in the name of the Republic of Korea to 2,000 won in total from 3,928,000 won in combination with D (D and Chinese nationality) and 2,01,71,000 won in the name of the Defendant and 2,71,7,01,00.

Accordingly, the defendant is about payment and receipt between Korea and China without being registered with D (D and Chinese nationality) or by himself with the Minister of Finance and Economy.

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