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(영문) 수원지방법원 2017.06.15 2017고정963
외국환거래법위반
Text

Defendant shall be punished by a fine of KRW 15 million.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, on August 17, 2016, the Defendant, without registering, received KRW 10,60,000 from a name in the name in the name of a national bank in the name of the Defendant (title B) who wants to transfer in Korea to Makao, and paid USD 10,60,000 corresponding to the fixed fees to the name in the name in the name of the Defendant, or to the person who was designated by the Defendant, after restricting the fixed fees, and thereafter, transferred money corresponding to 228 U.S. dollars from November 9, 2016 to KRW 1,494,989,50 in total by 228 times as shown in Table 1 of the day of the crime from that time. After restricting the fixed fees, the Defendant received money equivalent to 306,053,000 U.S. dollars over total 82 times, as described in Table 2 of the Crime List 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A copy of a name box;

1. Application of Acts and subordinate statutes on transactions in illegal money exchange accounts;

1. Article 27 of the Act applicable to the facts constituting an offense, and Articles 27 (1) 5 and 8 (1) (including inclusive) of the Foreign Exchange Transactions Act and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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