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(영문) 부산지방법원 2014.09.15 2014고단2894
외국환거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 11, 2011, the defendant was sentenced to a suspended sentence of 6 months to a violation of the Foreign Exchange Transactions Act at the Busan District Court on June 201, and there is 11 times the record of the same violation of the Foreign Exchange Transactions Act.

In order to conduct money exchange business, facilities necessary for conducting money exchange business shall be installed and registered with the Minister of Strategy and Finance in advance as prescribed by Presidential Decree.

1. Nevertheless, on March 27, 2014, at around 13:30 on March 27, 2014, the Defendant, without registering, operated an unregistered exchange business without registration in the way of 10,040,000 won for Chinese currency (10,050,000 won per exchange rate of 10,050,000 won) from the toilet for the first floor of the office building of the Kimhae International Airport International Airport located in 108, Gangseo-gu, Gangseo-gu, Busan (108,000,000 won) from the Republic of Korea to the Republic of Korea.

2. On April 1, 2014, the Defendant, at the waiting room for bus passengers of the first floor of the International Office of Ships, which was offered to the Kimhae-si on April 1, 2014, operated the international exchange without registration in a way that the Defendant received 70,000 won in the Republic of Korea from D who entered Korea, and received 70,000 won in the Republic of Korea (70,000 won in the Republic of Korea).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. Application of seizure records and photographs statutes;

1. Relevant Article 27 (1) 6, 8, and (3) 1 of the Foreign Exchange Transactions Act concerning the facts constituting an offense, the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, such as that the amount of money exchanged is not large, that the defendant is against his/her age, and that the defendant seems not good for his/her health condition

1. Probation under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 30 or more of the Foreign Exchange Transactions Act;

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