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(영문) 서울남부지방법원 2017.10.26 2017고단2975
외국환거래법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

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

On January 13, 2017, the Defendant, without registering with the competent authority, deposited KRW 4,890,000 in the Republic of Korea from a person who wants to transfer from Korea to China via the Agricultural Cooperative Account under the name of D on January 13, 2017, and deposited KRW 12,140,000 in the Republic of Korea from a person who wants to transfer from Korea to China using the national bank account under the name of the Defendant on November 23, 2013, and paid KRW 21,140,000 in the form of payment of the chines in China from January 13, 2017, from that time to January 13, 2017.

2. On February 26, 2013, the Defendant received KRW 6,130,000 from a person who wants to remit to Korea via the Agricultural Cooperative Account under the name of the Defendant on deposit, and thereafter received KRW 1,178,845,290 in total over 253 times as shown in the attached Table 2 of the Crimes List 2 until January 21, 2017. On February 9, 2013, the Defendant received KRW 1,00,000 from a person who wants to transfer to Korea from China to the Agricultural Cooperative Account under the name of the Defendant, and received KRW 1,00,00,000 from a person who wants to transfer to Korea by January 3, 2017, the Defendant received KRW 92,452,5879 in total over 214 times as shown in the attached Table 4 Crimes by deposit in Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Investigation report (Account analysis, etc.);

1. The details of the transaction of the branch account in the M&C, the account and transaction details of the branch account in the Seoul Livestock Industry, the details of the bank account and transaction, the branch account and transaction details in the Gu of the National Bank, and the application for the transaction of the main account in the Young National Agricultural Bank in the Young National Agricultural Cooperatives;

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