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(영문) 서울남부지방법원 2013.04.10 2013고단114
외국환거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of twenty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

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

Nevertheless, without such registration, the Defendant, in collusion with a person in bad name in China, received money from a person who wants to transfer money from Korea to China or from a person who wants to transfer money from China to China, and deposited money in the account, the Defendant was willing to pay it to the other party to the transaction through a person in bad name in China if he deposits money from the person who wants to transfer money from China to China, and the Defendant was willing to pay it to the other party to the transaction in Korea if any person who wants to transfer money from China to China pays it to a person in bad name in China.

Accordingly, the Defendant received KRW 500,000 from the Japanese bank account (E) on October 6, 2009, and paid to the other party via a person who was not registered in the name of China, as an perjury, and until November 21, 201, as well as the list of crimes in attached Form.

1. As described above, a total sum of KRW 3,166,478,884 in Korea from Korea to China in total over 2,198, as described above, and a list of offenses listed in attached Table until November 21, 201, including: (a) deposit of KRW 1,00,600 in the Japanese bank account in the name of Jeju Bank (F) on October 14, 2009 and payment of KRW 1,00,60 in Korean won to the other party in Korea;

2. A total sum of KRW 3,235,072,444 was transferred from China to Korea in the above manner, as described above, 1,147.

Accordingly, the defendant has carried on foreign exchange business with payment and receipt between the Republic of Korea and a foreign country.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. The list of seizure;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Article 27 (1) 5 and Article 8 (1) of the Foreign Exchange Transactions Act applicable to the facts constituting an offense;

1. Punishment;

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