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(영문) 광주지방법원 순천지원 2015.12.30 2015고단1306
사기방조등
Text

A defendant shall be punished by imprisonment for two years.

Seized Nos. 1-23, 25, 27-39 shall be confiscated.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

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

Nevertheless, from June 2013, when the defendant received a certain fee from the domestic remitter to China, he received money from him in Korea, and he paid the money to him, or when he received a request from the Chinese remitter to transfer money from him in China, D intent to conduct foreign exchange affairs in the way of "one-time" method, where he received the money equivalent to the money from the Chinese remitter and the defendant paid it to his designated person in Korea.

D On June 10, 2015, upon receipt of a request from Bophishing Organization to transfer money of KRW 17 million, which is the cause of acquiring money, to China, the Defendant directed the Defendant, according to D’s instructions, at around 14:30 of the same day, the Defendant received 17 million won from E in the Yongsan Station located in Yongsan-gu Seoul, and contacted D with him at around 14:30 of the same day, and made him receive a certain fee from China and paid it to the above Bophishing Organization. From June 23, 2013 to June 23, 2015, the Defendant used 13 bank accounts, such as a new bank account in the name of F, from June 23, 2015 to June 23, 2015, deposited KRW 1,948,042,800 in total from domestic clients, and had D receive a certain amount of fee from China, and made D to refund it in the way of “foreign exchange”.

Accordingly, the defendant, in collusion with D, engaged in foreign exchange business without being registered with the Minister of Strategy and Finance.

Summary of Evidence

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