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(영문) 서울중앙지방법원 2019.01.30 2018고정2745
외국환거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Yeongdeungpo-gu Seoul Metropolitan Government Defendant

B. On the first floor, a person operating a “C” has been willing to operate a “c” business with a certain fee (an amount equivalent to KRW 10,000 per unit) from those who wish to transfer in China or in Korea to China.

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

Nevertheless, on May 31, 2018, the Defendant, without registering with the Minister of Strategy and Finance, received the Chinese Government's 30,000 bills corresponding to the Chinese People's 30,000 bills from the false-name customers who want to transfer from "C" to China, and then withdraws 30,000 bills from the Chinese Government's account (E) in the name of the Defendant, and paid to a third party in China designated by the said customer. On the same day, the Defendant, from January 23, 2018, deposited the Chinese People's 250,00 bills from the false-name customers who want to transfer from China to Korea into the above D Bank account in the name of the Defendant, and paid the corresponding Chinese Government to a third party designated by the said customer from January 23, 2018.

9. Until 17.17. Around 1678, an entity engaged in the business of "recoveration" in an amount equivalent to KRW 14,137,64,09, as shown in the annexed list of crimes.

Accordingly, the defendant carried on a foreign exchange business without registration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (the verification of business operator's basic information, such as business registration number), investigation report (related to the attachment of photographs at the time of seizure of C), investigation report (the frequency of the crime of exchange and the modification of the amount of transaction);

1. Application of the Acts and subordinate statutes on transactions of Chinese banks;

1. Relevant Article of the Act on Criminal Facts and Articles 27-2 (1) 1 and 8 (1) of the Foreign Exchange Transactions Act, the choice of fines, and the choice of fines;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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