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(영문) 전주지방법원 군산지원 2018.11.28 2018고단1058
외국환거래법위반등
Text

[Defendant A]

1. The punishment of the accused shall be one year and six months;

2.Provided, That for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A and Defendant B are persons operating “I pharmacy” at H in Gunsan-si, and Defendant C is a merchant who runs the Gunsan and China’s tindo.

1. Any person who intends to engage in foreign exchange business, such as payment, collection and receipt, etc. between the Republic of Korea and a foreign country, shall have sufficient capital, facilities and professional human resources engaged in foreign exchange business and register with the Minister of Finance and Economy in advance;

Nevertheless, around January 2013, the Defendants conspired with the Defendants to bring in and substitute for the Republic of Korea the security money that the said Chinese vessel owner is obliged to pay to the Public Prosecutor's Office for the Chinese vessel owner, which has come from illegal fishing in the Republic of Korea, in the manner of "refluence" in the name of "refluence" in China, and publicly recruited fees and exchange margin as an instrument.

According to the above public offering, Defendant B demanded, around January 9, 2013, the name of the Chinese fishing vessel, which was caught by illegal fishing in the exclusive economic zone of the Republic of Korea, to “the fee to pay the security deposit in Korea is changed” and Defendant B received the security deposit or fee from the deposit account in China designated by Defendant B, and Defendant A confirmed that the deposit was made in the said account, and then Defendant A transferred KRW 15 million from the bank account in the name of the Republic of Korea (J) to the security deposit account of the public prosecutor’s office in Gwangju District to the security deposit account of the public prosecutor’s office in Gwangju District. Defendant C paid the security deposit in the name of China. Defendant C withdrawn the relevant amount from the above Chinese account in cash and introduced it to the Republic of Korea, and from that time to January 19, 2018, Defendant A paid the security deposit amount in the attached list of crimes.

1. As described in the statement, the amount of security equivalent to KRW 50.4 billion was paid in lieu of the total amount of KRW 50.4 billion on 849 occasions and received by proxy foreign exchange.

As a result, the Defendants conspired to engage in foreign exchange business between Korea and China without being registered with the Minister of Strategy and Finance.

2. The Defendant A uses and uses an access medium.

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