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(영문) 인천지방법원 부천지원 2017.02.03 2016고단2632
외국환거래법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for four months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On October 15, 1996, the Defendant violated the Foreign Exchange Transactions Act (hereinafter “Foreign Exchange Transactions Act”), who was a person of nationality in Bangladesh, was an employee of various manufacturing companies, such as automobile model manufacturers, etc. since he entered the Republic of Korea as an industrial trainee.

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

Nevertheless, the Defendant did not register with the Minister of Planning and Finance, while residing in Bangladesh while living in Korea, and when the Defendant was transferred from the person wishing to transfer in Bangladesh to the original term exchange account in Korea, G paid to the addressee in Bangladesh (the monetary unit in Bangladesh) the amount equivalent to the above Chinese currency, and when G is transferred from the person wishing to transfer from Bangladesh to Korea, the Defendant conspired to conduct foreign exchange affairs on payment and receipt between the Republic of Korea and the Republic of Korea and the Republic of Korea and to receive certain fees.

On July 1, 2014, the Defendant transferred the sum of KRW 6,124,00,000 from H, I, and J to K to an enterprise bank account (Account Number L) in the name of K, which is a transshipment account, around July 1, 2014. G paid a certain percentage of fees to the addressee in Bangladesh, and G deducted a certain percentage of fees, and at a certain rate of fees from the name influencing person wishing to transfer from Bangladesh to Korea around that time, G received a reduction of the amount from the name influcing person who wants to transfer from Bangladesh to Korea, and the Defendant sent the amount of KRW 6,00,000,000 after deducting a certain percentage of fees from the exchange account around July 2, 2014 to the addressee in Korea.

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