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(영문) 수원지방법원 평택지원 2017.01.12 2016고단2695
외국환거래법위반
Text

1. Defendant A shall be punished by imprisonment for a year and six months and by a fine of twenty thousand won;

The above defendant did not pay the above fine.

Reasons

Punishment of the crime

Defendants are the ship of Chinese nationality, and Defendant A is a person who operates the “D exchange prior suit” in Chinese danger and injury, Defendant B and E are the colon of Defendant A, and F is the colon of Defendant A.

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.

Nevertheless, without registering with the Minister of Finance and Economy, the Defendants: (a) without registering with the F and E, and (b) if the requester against the local residents, etc. of China (hereinafter referred to as the Chinese currency), has deposited the money into the Korean currency from the transshipment account that he received from the local residents to the domestic account designated by the customer; and (b) have deposited the money into the Korean currency in the domestic currency to the foreign currency account designated by the customer; (c) has unlawfully remitted the money to the Chinese account designated by the customer; and (d) has recruited the money to acquire the money equivalent to 0.3 to 0.5% of the amount of the money transferred to the Chinese account; and (e) has solicited the exchange-oriented company to engage in the exchange-oriented business; and (e) has received the money from the Defendant B, F, and E, etc. residing in China; and (e) has performed the overall management of the exchange-oriented company; and (e) has agreed to pay the money to the Korean and Chinese exchange-related persons, such as actual remittance.

1. On July 14, 2009, upon receipt of a request from a person who was unable to make his/her name on or around July 14, 2009, for illegal remittance from Korea to China, Defendant A deposited KRW 4,000,000 in Korean won from the bank account of G name with the refund account of H name, which was received in advance, from the bank account of H, and paid the amount equivalent to the above internalization amount restricted to fees in China to the person who was designated by the above person who was not his/her name.

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