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(영문) 대구지방법원 서부지원 2018.10.10 2018고단768
외국환거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is a non-permanent position.

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

A. From February 20, to May 26, 2017, the Defendant engaged in the business of paying foreign currency equivalent to KRW 1.374 million (1,307,403,00 (1,300,000) over 254 times as payment agency in attached Table 1-2, in a manner that: (a) the Defendant received won currency from Korean tourists, or deep-end casino gamblings, who need USD 1,00,00 in his/her name, into a bank account E, or FF union account; and (b) paid 1,340,000 won in local currency (or KRW 1,307,403,00) through foreign exchange payment (such as KRW 1,303,00).

B. In addition, the Defendant, at the same place as from February 24, 2017 to June 9, 2017, received USD 1,00 from the person who wishes to remit money from Macar to Korea at the same place as Paragraph (a) and operated a business of receiving foreign exchange (payment) equivalent to KRW 89,637,950 ( KRW 896,373,950) over 155 times, such as the receipt agency in the attached Table 2-3,950 ( KRW 896,373,950).

As a result, the Defendant was engaged in the business of vicarious payment and receipt of unregistered foreign exchange equivalent to KRW 2.277,950,000 ( KRW 2,203,776,950) over 409 times from February 20, 2017 to June 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol or protocol (two times or more, or withdrawal of complaint) of statement;

1. Details of G transactions from the account of the F Association under A;

1. Application of the Acts and subordinate statutes on trading account E in the name of D bank account;

1. Articles 27(1)5 and 8(1) (including inclusive) of the former Foreign Exchange Transactions Act (Amended by Act No. 14525, Jan. 17, 2017); Articles 27(1)5 and 8(1) of the same Act on criminal facts

1. Article 62 of the Criminal Act:

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