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(영문) 수원지방법원 안산지원 2016.03.24 2016고정90
외국환거래법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, the above fine shall be paid on 100.

Reasons

Punishment of the crime

The Defendants are operating a transshipment suit in the name of “F” in Silung-si E.

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

Nevertheless, the Defendants, without being registered with the Minister of Finance and Economy, received 10,000 won from G who wants to transfer from the above exchange center to China, and transferred 80,000 won to the G mother’s account designated by G to the United Nations. From March 19, 2015, the Defendants, upon request from H who wants to transfer from the above exchange center to China, transferred 8,200,000 won to the said United Nations, to the first account in the name of China designated by H. On May 22, 2015, the Defendants transferred 10,000 won from the above exchange center to the said United Nations, upon request from the non-resident who wants to transfer from the above exchange center to China, and paid 10,000 won to the said United Nations account from the residents of China who want to transfer from June 3, 2015 to the above China.

Accordingly, the Defendants conspired to engage in foreign exchange business without being registered.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of the protocol concerning the examination of H suspect;

1. G statements;

1. Report on internal investigation (verification of registration of private money exchange business);

1. Application of the Acts and subordinate statutes to search and seizure records, each investigation report (to analyze the cell phone of seized articles and attach text messages), and to capture B’s mobile phone messages;

1. Article 27 (1) 5 of the Foreign Exchange Transactions Act, the main sentence of Article 18 (1) of the same Act, and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Confiscation - Defendant B: Article 48(1)1 of the Criminal Act;

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