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(영문) 서울남부지방법원 2017.07.05 2017고단2379
외국환거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a trade company in 13 Dong-dong-si, China, Dong-dong, Dong-si, Dong-si, 1301.

A person who intends to engage in foreign exchange business shall prepare sufficient capital, facilities and professional human resources and shall register with the Minister of Finance and Economy in advance.

Nevertheless, without registering foreign exchange business, the Defendant received KRW 20 million from F operating E to the new bank account in the name of the Defendant in order to use it in the E Office at the closed place on February 4, 2010, and paid from September 1, 2016 to the E Office the amount equivalent to the above amount of the money in China from China to the E Office from September 1, 2016, as shown in the list of "payment for Unregistered Payment" in the annexed List of Crimes No. 2,874,625,851 to be remitted to China on a total of 501 occasions as shown in the list of "payment for Unregistered Payment" in the annexed List of Crimes No. 2016 to the new bank account in the name of the Defendant, and paid it to the Chinese company, etc. in China.

In addition, on February 4, 2010 without registering foreign exchange business, the Defendant received from G to the Republic of Korea the delivery of the Republic of Korea-specific amount of KRW 20 million from G to the Republic of Korea, and deposited it into a related account in Korea from the Republic of Korea, from September 1, 2016, as shown in the list of “Unregistered Receipt Agency” in the attached list of crimes in the attached list of crimes, including transfer of KRW 20 million from the Internet banking to the account in the name of G, from September 1, 2016 to September 4, 2016.

Accordingly, the Defendant carried out foreign exchange business without registering foreign exchange business as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the transactions of passbooks, details of transactions in Chinese bank accounts, and details of accounts;

1. Relevant Article of the Act concerning the facts constituting an offense and Article 27 (1) 5 of the Foreign Exchange Transactions Act and the main sentence of Article 8 (1) (or the choice of imprisonment) of the same Act concerning the option of punishment;

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