Text
Defendant
A shall be punished by imprisonment for eight months.
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
1. Defendant A’s violation of the Foreign Exchange Management Act, D, and E did not register foreign exchange business, received cash from the Defendant and D to whom F instructions were given, and delivered to E. The transfer was made in the way of “refitation” to the Chinese account designated by F, and the transfer was made in the way of “refitation” to the Chinese account designated by F, and the receipt of commission and exchange gains from F.
Accordingly, on January 29, 2018, the Defendant and D, and D, and E received 6.4 million won in cash from the person who was in the name of the deceased, and subsequently remitted the money equivalent to the amount obtained by deducting commission, exchange marginal profits, etc. from the Chinese account designated by F to the Chinese account. From that time, from February 6, 2018, the Defendant and D, and E transferred the money equivalent to 2.5 billion won in total after deducting commission, exchange marginal profits, etc. from the Chinese account designated by F in the same way to the Chinese account designated by F in the same way.
Accordingly, the defendant, in collusion with D and E, conducted foreign exchange business such as receipt of payment between the Republic of Korea and a foreign country without being registered with the Minister of Strategy and Finance.
2. Around 11:40 on February 15, 2018, the Defendant was driving a H Car with the driver’s license in a section of about 100 km from the Defendant’s residence in Yangcheon-gu Seoul Metropolitan Government to the insular seat located in Pyeongtaek-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of the witness D;
1. Investigation report (verification of the operation of the suspect E-foreign exchange business under the Foreign Exchange Transactions Act), investigation report (Correction of the amount related to the violation of the Foreign Exchange Transactions Act);
1. Application of Acts and subordinate statutes to the ledger of automobile driving licenses;
1. Article 27-2 (1) 1, Article 8 (1) of the Foreign Exchange Transactions Act, Article 30 of the Criminal Act (a point of unregistered foreign exchange business), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (a point of driving without a license) and the selection of imprisonment for each case concerning the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 of the Criminal Act: