A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. 장물취득 피고인은 2019. 5. 10. 17:49경 서울 성북구 B에 있는 피고인이 운영하는 C에서, 성명불상자(아이디 ‘D’)로부터 위챗 메신저를 통해 ‘피싱돈’ 환전 의뢰를 받아 이를 수락한 후, 보이스시핑 현금 수거책인 E으로부터 피해자 F의 보이스피싱 피해금 7,720만 원 중 7,570만 원을 전달받았다.

Accordingly, the defendant, even though he is aware that he is a stolen, acquired the stolen by delivering the above KRW 75.7 million.

2. Any person who intends to engage in a business of foreign exchange such as payment, collection and receipt between the Republic of Korea and a foreign country violating the Foreign Exchange Transactions Act shall prepare sufficient capital, facilities and expert human resources for conducting foreign exchange business and register such business with the Minister of Strategy and Finance in advance

피고인은 위 일시, 장소에서 등록을 하지 아니한 채 위와 같이 성명불상자로부터 7,570만 원의 환전을 의뢰받아, 위 성명불상자에게 3,700위안을 위챗 송금하고, 위 성명불상자가 알려준 중국 건설은행 계좌(G)로 427,620위안을 송금하였다.

Accordingly, the defendant, without being registered with the Minister of Strategy and Finance, engaged in foreign exchange business such as payment, collection and receipt between the Republic of Korea and China.

Summary of Evidence

1. Each prosecutor's interrogation protocol on the accused and E;

1. Each police statement made to H, F, and I;

1. Application of Acts and subordinate statutes on records of remittance;

1. Relevant Article 362(1) of the Criminal Act, the choice of punishment for the crime, Articles 27-2(2)1 and 8(1) of the Foreign Exchange Transactions Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the prosecutor asserts that the defendant should additionally collect the profits earned by his/her unlawful exchange act from among the concurrent crimes provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act. However, the subject of confiscation and collection provided for in Article 30 of the Foreign Exchange Transactions Act refers to foreign exchange and other means of payment acquired by the offender.