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(영문) 광주지방법원목포지원 2020.10.27 2020고단1228
외국환거래법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for six months.

, however, for 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 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, in collusion with C, D, E, etc., the Defendants received KRW 703,92,420 from the employees of the F Building G in Jung-gu Seoul Metropolitan Government from October 8, 2018 to October 23, 2018 the amount of KRW 703,92,420 from the National Bank Account (I) in the name of H, in collusion with C, D, E, etc., and conducted foreign exchange business by purchasing gift certificates which are securities usable in the Republic of Korea and selling them to many unspecified Chinese people who have traveled in the Republic of Korea, as shown in the list of crimes in the attached Table, and exchanged the total amount of KRW 40,541,211,420 from around that time to June 16, 2019 to the Chinese People's Republic of China.

Summary of Evidence

1. The protocol of interrogation of the Defendants’ respective legal statements to the prosecution by each prosecutor

1. A copy of a protocol concerning suspect examination of the police against D or E;

1. Copies of each police statement made to H, J, and K;

1. Records of seizure, the list of seizures and the total list of seized articles;

1. The application of Acts and subordinate statutes to the head of a Tong/H transaction statement (H), investigation report (in response to inquiries related to the Foreign Exchange Transactions Act), investigation report (in relation to site search, seizure and verification warrant execution), investigation report (in relation to the sale and exchange amount of L), investigation report (in relation to the illegal exchange of H account), investigation report (in relation to the illegal exchange amount of H account), part of investigation report (in relation to the illegal exchange), investigation report (in relation to personal information on the illegal exchange), entry and departure status of individuals, and conversation of text messages

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: The Defendants: Article 27-2 (1) 1, the main sentence of Article 8 (1) of the Foreign Exchange Transactions Act, Article 30 of the Criminal Act (including the point of conducting foreign exchange business without registration), and the choice of imprisonment with labor

1. Defendants on probation: Article 62(1) of the Criminal Act.

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