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(영문) 서울서부지방법원 2015.01.29 2014고단3291
외국환거래법위반
Text

Defendant

A Imprisonment for eight months, each of the defendants B, C, and D shall be punished by imprisonment for six months.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

[Criminal Power] Defendant B, on February 20, 2013, was sentenced to imprisonment with prison labor for eight months for the obstruction of performance of official duties by fraudulent means at the Seoul Central District Court, and the said judgment became final and conclusive on February 28, 2013, and is currently under the grace period.

【Criminal Facts】

The name-free boxes (one-day) are the total books of unregistered money exchange business with Chinese nationality ship; Defendant A is the total books of Korea in unregistered money exchange business; Defendant B and Defendant C are the books of non-registered cash withdrawal and remittance; Defendant D is a person who engages in money exchange business with the trade name from the F and the first floor of Yeongdeungpo-gu Seoul Metropolitan Government.

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

Nevertheless, as if the money was remitted to China, the person whose name was not paid paid, the person in charge of foreign exchange affairs is responsible for making illegal transfer of foreign currency to China by pretending that the money was remitted to China, and the money was deposited to 35 financial accounts opened in the name of the defendant himself/herself and his/her relative relatives, etc. after receiving contact from the defendant Eul that the money was deposited to the defendant Eul and the defendant Eul, and ordered the defendant Eul to withdraw the money and transfer it to China through the G operated by the defendant Eul. The defendant Eul and the defendant C play a role in withdrawing the money deposited in the financial account under the defendant Eul's control from the cash payment period to the G operated by the defendant Eul. The defendant Eul received the money deposited in the financial account under the defendant Eul's control from the cash payment period, etc., and the defendant D received the money equivalent to 0.01% of the exchange rate based on the exchange rate set by the government of the Republic of China for foreign exchange transactions, and distributed the money to the above defendant's bank account in China, etc.

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