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(영문) 광주지방법원 순천지원 2018.09.14 2018고단1039
외국환거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended 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, as prescribed by Presidential Decree, register in advance with the Minister of Strategy and Finance after meeting requirements for capital, facilities, professional human resources, etc. necessary for the relevant business.

Nevertheless, the Defendant, without registering with the Minister of Finance and Economy on January 13, 2015, exchanged 10,000,000 Korean Won to 410,000 dollars in detail in the Philippines, and operated a foreign exchange business that purchases or sells foreign currencies without registering with the Minister of Finance and Economy, for a total of 90 times from around that time to April 3, 2015, as stated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation reports (related to attendance of users of post office accounts in the E name);

1. A statement of new bank entry into and departure from a bank, one reply to a request for financial transaction information (post office post offices) and one copy of a check of personal information (CIF), one of the details of deposit transactions, and one of the details of illegal financial transactions;

1. One copy of the removal from the military register;

1. One copy of the entry or departure status of each individual;

1. Application of the CD 1 statute

1. Article 27(1)6 and Article 8(3)1 of the former Foreign Exchange Transactions Act (amended by Act No. 14525, Jan. 17, 2017; hereinafter referred to as the “former Foreign Exchange Transactions Act”) on criminal facts and the choice of imprisonment with prison labor

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentence is ordered in consideration of all the unfavorable circumstances, such as the fact that the defendant's reasons for sentencing under Article 62-2 (1) of the Social Service Order Criminal Act, the main sentence of Article 59 (1) of the Act on the Protection, Observation, etc. of Protection, etc. are larger than the amount exchanged without being registered, the defendant's primary offender, the fact that the defendant's primary offender appears not to have any profit from the crime, the favorable circumstances, such as the defendant's resistance against the mistake, and other favorable conditions of sentencing, such as the defendant's age, family environment, motive and circumstances of the crime, etc.

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