(영문) 대구지방법원 포항지원 2020.02.20 2019고단1574

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(영문) 대구지방법원 포항지원 2020.02.20 2019고단1574

외국환거래법위반

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in foreign exchange business shall prepare capital, facilities and professional human resources sufficient to engage in foreign exchange business and register such business with the Minister of Strategy and Finance in advance, and shall not engage in foreign exchange business without registration, as prescribed by the relevant Acts and subordinate statutes.

Nevertheless, the Defendant, without being registered with the Minister of Strategy and Finance from June 20, 2017 to December 16 of the same year, received total sum of KRW 1,545,695,00 from customers who wish to transfer from the Republic of Korea to the Republic of Korea in the enterprise bank account (Account Number: D) in the name of the Defendant, and paid to customers of the Republic of Korea corresponding to the remaining amount after deducting the fee, as described in the attached list of crimes (1-2) from June 20, 2017 to December 17 of the same year, at the same place from June 25, 2017 to receive the money from customers who want to transfer from the Republic of Korea over 56 times in total, and wired the money to the account of customers in the Republic of Korea, as described in the attached list of crimes (1-2).

Accordingly, the defendant operated a foreign exchange business without being registered with the Minister of Strategy and Finance, totaling 2,46,264,350 won over 185 times.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Investigation report (calculated of a suspect A additional collection charge);

1. Application of statutes on details of financial transactions;

1. Article 27-2 (1) 1 of the Foreign Exchange Transactions Act and Article 27-2 (3) 1 of the Foreign Exchange Transactions Act with respect to criminal facts as well as Article 8-2 (3) 1 of the choice of punishment [In light of the fact that the crime of imprisonment, the number and scale of crimes, and the so-called refacing method conducted in relation to gambling funds, etc., in the

1. Article 62(1) of the Criminal Act reflects the defendant's mistake, and the same criminal records are the same.

참조조문

-외국환거래법 제8조 제3항 제1호

-외국환거래법 제27조의2 제1항 제1호

-형법 제62조 제1항

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