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(영문) 대전지방법원 천안지원 2018.11.30 2017고단2581 (1)
외국환거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

Any person who intends to engage in foreign exchange business shall prepare capital, facilities, etc. under the provisions of the Enforcement Decree of the Foreign Exchange Transactions Act and register in advance with the Minister of Finance and Economy.

Defendant

B and without registration, the Defendant, through the cosmetic business, brought USD 7,142,937,00,00 in total by the above 441 times from August 6, 2017, and received KRW 17,100,000 from C, a customer wishing to exchange at the Maka on August 15, 2016, and paid KRW 17,100,000 to the account of D Bank (E) bank in the name of B, a customer wishing to exchange, and paid USD 1,00 in the amount limited to the fees for 1% from August 6, 2017, and paid USD 7,142,937,00 in total by the above 441 means, as shown in Annex 1 of the List of Crimes.

In addition, on October 24, 2016, the Defendant and B received 30,200,000 won in Korean won from F who wants to transfer to Korea, and around that time remitted 30,200,000 won from D bank accounts under the name of F to the company bank account (G) designated by F, as shown in attached Table 2, from that time until July 26, 2017, the Defendant and B received 780,990,000 won in Korean won in Korean won in the same way over 56 times as in attached Table 2.

Summary of Evidence

1. B Legal statement;

1. A protocol concerning the examination of the suspect of the defendant or B by the prosecution;

1. Statement made by the prosecution with respect to H (the 926th page of the investigation records);

1. Application of Acts and subordinate statutes (1053 pages of investigation records);

1. Relevant legal provisions concerning the facts constituting an offense, Articles 27-2 (1) 1 and 8 (1) of the Foreign Exchange Transactions Act, Article 30 of the Criminal Act (generally, choice of imprisonment with prison labor), and Article 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 30 of the Foreign Exchange Transactions Act (the additional collection under the Foreign Exchange Transactions Act has the nature of punitive sanctions against the crime).

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