logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.01.07 2019고정1668
외국환거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

Nevertheless, the Defendant, without any registration, opened a mutual remittance agent office of “C” on the third floor of the building in Australia, around 2011, and received fees from those who wish to remit money between Korea and Australia, and had the intent to engage in foreign exchange affairs concerning payment and receipt between Korea and China by the method of prompt substitution.

Accordingly, around April 2010, the Defendant received 1,000 won from the date when he/she received a request from E who wants to transfer 1,000 won to Australia from Korea to around February 8, 2011, and paid 323,284,758 won from January 15, 2013 to the date when he/she requested the transfer from a domestic resident to Australia, such as in the list of crimes in the attached Table of the crime in the attached Table, to a person designated by E. B. Around February 9, 2011, the Defendant received a request from a domestic resident who wants to transfer 323,284,758 won from the date when he/she requested the transfer from Australia to Korea. From the time when he/she received 1,500 won from the above DNA bank managed by the Defendant to a designated person by E to January 15, 2013.

Accordingly, the defendant did not register with the Minister of Strategy and Finance, but did foreign exchange business on payment and receipt between Korea and Australia.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Copy of the document submitted by the informant;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 27(1)5 of the former Foreign Exchange Transactions Act (amended by Act No. 14525, Jan. 17, 2017) regarding criminal facts and Articles 8(1)5 and 8(1).

arrow