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(영문) 부산지방법원 2015.11.26 2015고정3681
외국환거래법위반
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Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Anyone who intends to conduct foreign exchange business shall have capital, facilities and human resources sufficient to conduct foreign exchange business and shall register such business with the Minister of Strategy and Finance in advance.

Nevertheless, around July 24, 2013, the Defendant opened a passbook (Account Number C) in the name of the Defendant in agricultural cooperatives and sent the above account security cards, etc. to B by mail, upon receiving a request from the Defendant who was the Defendant’s Chok-si Co., Ltd. (China nationality Chinese residence and personal information in China) to “The Republic of Korea is required to make a trip in Korea, which is going to Korea or to exchange for people who come to Korea through a travel agency in Korea.”

B deposited KRW 1,990,00 from D on December 28, 2013 to the Defendant Agricultural Cooperative account under the name of the Defendant, and around that time deposited the money to be remitted to China with the Defendant Agricultural Cooperative account in the name of the Defendant, including the payment of the said money except for the fee, and deposited the money to be transferred from July 24, 2013 to June 10, 2015, and deposited the money to be transferred from July 24, 2013 to June 10, 2015, with the total of KRW 1,871,579,826 (payment KRW 935,794,85, KRW 935,784, KRW 984, KRW 94,941).

Accordingly, the defendant, in collusion with B, conducted foreign exchange business without being registered with the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Application of Acts and subordinate statutes concerning transaction details of AFC;

1. Relevant Article 27 (1) 5 of the Foreign Exchange Transactions Act, the main sentence of Article 8 (1), Article 30 of the Criminal Act, the selection of fines for criminal facts;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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