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(영문) 서울중앙지방법원 2015.02.11 2014고단9761
외국환거래법위반
Text

Defendant

A Imprisonment with prison labor for two years and fines for 200,000,000 won, and Defendant B shall be punished by imprisonment for eight months, respectively.

Defendant

A above.

Reasons

Punishment of the crime

[2014 Highest 9761]

1. Any person who intends to engage in the business of foreign exchange business of defendant A 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, without being registered with the Minister of Strategy and Finance in advance, operates foreign exchange business by employing four separate receipts of money, such as H, in Korea. After deducting approximately 0.3% fees from the company or its agent who intends to transfer the transaction price, etc. of goods, etc. in Korea to China, the Defendant: (a) deliver the amount equivalent to the deposit amount in China to the recipient designated by the client in China without actual transfer between countries; (b) receives the amount to be received from the person who intends to transfer the transaction price, etc. of goods in China from China to Korea, or his agent; and (c) pays the same amount to the receiver in Korea without actual transfer from Korea to the receiver in Korea; (d) pays the same amount to be paid in cash to the receiver in Korea; (e) pays the amount equivalent to 3.0 won in the same amount to 9.6 billion won in the same manner as the deposit passbook; and (e) pays the amount to the receiver in Korea to 20.6 billion won in the same amount to 90 billion won in the same way as the deposit passbook and seal 20.6.4.6 billion won in China

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