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(영문) 서울중앙지방법원 2018.11.07 2018고정1748
외국환거래법위반
Text

Defendant shall be punished by a fine of KRW 50,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant operates a trade company called "C" in the People's Republic of China, and imports electronic parts (Mem Card) in Korea and sells them in China.

Any person who intends to conduct foreign exchange business shall prepare sufficient capital, facilities and professional human resources for conducting foreign exchange business and register in advance with the Minister of Finance and Economy, and shall not conduct foreign exchange business without such registration, as prescribed by Presidential Decree.

Nevertheless, the Defendant managed 13 accounts, including the Korean bank account, established in the name of the Defendant, and when the Korean company transfers the price of goods to the Defendant’s account when the said Korean company transfers the price of goods to the Defendant’s account, etc., the Defendant paid a total of 8,386 times from January 2, 2008 to August 31, 2012, the amount equivalent to 21,117,013,568 won as shown in the annexed crime list 1, Korea on behalf of the Defendant to receive the payment of foreign exchange to China. When the Korean company receives the payment in China, the Defendant transferred the amount of money equivalent to the above foreign exchange account from January 2, 2008 to the above specific account, etc. to the Defendant’s account, and received the amount of money from the Defendant’s account to the Defendant’s designated by the said Korean company on behalf of the Defendant from January 2, 208 to August 31, 2012, and received the amount of money equivalent to the Defendant’s foreign exchange free payment.

Accordingly, the Defendant, without registering, conducted foreign exchange business on the payment and receipt of 41,819,102,480 won over a total of 13,460 won between the Republic of Korea and a foreign country.

Summary of Evidence

1. Statement by the defendant in court;

1. Part 13 of the operating account for the transshipment period, and the National Bank under D shall have one copy of the transaction account for the behavioral account and one copy of the transshipment operating account.

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