A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Any person who intends to conduct foreign exchange business shall prepare sufficient capital, facilities and professional human resources for conducting foreign exchange business and register such business with the Minister of Strategy and Finance in advance, and shall not conduct foreign exchange business without registration, as prescribed by Presidential Decree.

Nevertheless, the Defendant did not register with the Minister of Strategy and Finance, and received KRW 5,500,00 from a person in need of the Republic of Korea to the national bank account in the name of the Defendant at a non-place of the Philippines (hereinafter referred to as the “the Republic of Korea”) around March 4, 2017, and paid directly to the said person the Republic of Korea, excluding the fee of KRW 1.5% to 2% from the national bank account in the name of the Defendant. From the same date to October 2, 2018, the Defendant carried out a foreign exchange payment agency business equivalent to KRW 2,688,757,983 in total by the aforementioned method, such as the list of crimes in the attached Form, from October 2, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accused to report internal investigation of the suspect interrogation protocol to the prosecution (to telephone conversations B for reference witnesses) and investigation report (to file file for suspect account transactions, etc.);

1. Relevant Article of the Act on Criminal Facts, Articles 27-2 (1) 1 and 8 (1) of the Foreign Exchange Transactions Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Additional collection pursuant to Article 30 of the Foreign Exchange Transactions Act (the calculation of additional collection charges: 40,331,369 won to 53,775,159 won, in total, acquired by the Defendant for the instant crime; and thus, it appears that the total amount of fees acquired by the Defendant for the instant crime is deemed to constitute a ground for 40,331,369 won to be collected as additional collection (see

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and consequence of the instant crime, and all of the sentencing factors in the trial process, including the circumstances after the crime, etc.

The terms of sentencing are favorable.