A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

Any person who intends to engage in foreign exchange business shall have sufficient capital, facilities and human resources for foreign exchange business and shall register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree.

Nevertheless, if the defendant received won currency from the person requesting the exchange to the account managed by the defendant, and then paid the money equivalent to the above subscription, the defendant conspired to conduct foreign exchange business in a way that he withdraws the above won currency in cash and receives the remaining money excluding the fee (0.2% of the withdrawn money) from the above person who received the order from the above person who received the above person who received the order from the above person who received the above person who received the request for exchange.

Accordingly, on August 9, 2019, the Defendant did not register in advance with the above person with the above person’s name in the name of the Minister of Strategy and Finance, and the above person’s name in the name was paid KRW 17 million to the D Bank account (Account Number E) in the name of the Defendant managed by the Defendant from the client on his name, and paid the said client the deposit amount of KRW 17 million to the said client, and the Defendant withdrawn the above deposit amount in cash from the place of active service, etc. located in the area of Sungnam-si, Sungnam-si, and then paid the remainder other than the above fee to the person who designated by the above person without the above name from July 1, 2019 to September 30, 2019.

Accordingly, the defendant, in collusion with a name-free person, conducted a foreign exchange business without registration.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A statement of account transfer, an application for bank transaction, data on account, and details of account transaction;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Relevant Article 27-2 (1) 1 of the Foreign Exchange Transactions Act concerning the facts constituting an offense;