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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Any person who intends to engage in money exchange business shall prepare capital, facilities and professional human resources sufficient for conducting foreign exchange business and register such business with the Minister of Strategy and Finance in advance.
Nevertheless, the Defendant received Chinese currency from a person who intends to transfer from China to China, and paid Korean currency equivalent to the above Chinese currency in Korea, and received Korean currency from those who want to transfer from Korea to China, and paid Chinese currency equivalent to the above Korean currency in China in China, and had the intent to conduct foreign exchange business in the way of "recoveration" in which fees are paid.
Accordingly, on January 5, 2016, the Defendant received 111,100 bills from the Chinese bank account (G) in the name of the Defendant in the name of the Chinese government in the name of the Defendant, and transferred KRW 20,000,000 from the Chinese bank account (H) around January 6, 2016 in the same way, and transferred KRW 11,5,000,000 to the transfer of KRW 741,70 around January 8, 2016.
As such, the Defendant did not register with the Minister of Strategy and Finance and carried out money exchange business.
Summary of Evidence
1. Defendant's legal statement;
1. Fourth police interrogation protocol regarding D;
1. Investigation report (the telephone details of suspectD's cell phones and dialogue analysis after merculating them);
1. Application of Acts and subordinate statutes to a report on analysis of digital evidence;
1. Article 27 (1) 6 of the Foreign Exchange Transactions Act applicable to the relevant criminal facts and Articles 8 (3) 1 of the Foreign Exchange Transactions Act (or selection of fines, by comprehensively taking account of the relevant criminal facts) of the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 48 (1) of the Criminal Act of confiscation;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;