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(영문) 서울중앙지방법원 2019.08.13 2018고단6365
외국환거래법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The Defendant, taking advantage of the fact that virtual currency is traded in Korea more than another country even in the case of the same kind of virtual currency, was used to receive bitcos, which are virtual currency, from many unspecified persons who wish to transfer to China or Japan, and sold it, and received certain fees and receive the remainder from them to conduct foreign exchange business.

Anyone who intends to conduct foreign 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, as prescribed by Presidential Decree.

Nevertheless, on May 29, 2017, the Defendant, without any registration, sold 1.495 bitco, a B, a B, a Chinese virtual currency exchange, a virtual currency exchange, under the name of the Defendant, to transfer KRW 1,550,00 to a DNA bank account (Account Number E) in the name of the Defendant, and paid the same amount to B at 1-1.5%, as shown in the attached list of crimes, as shown in the attached list of crimes, from January 24, 2018, the Defendant transferred KRW 3,653,679,880 to KRW 36,00,000,000 from that time until January 24, 2018.

Accordingly, the defendant, without being registered with the Minister of Strategy and Finance, was engaged in foreign exchange business on the payment and receipt of money between the Republic of Korea, China and Japan.

However, according to the evidence duly adopted and investigated by this court, it is recognized that the defendant made a transaction by means of cash delivery (originalization), gift certificate delivery, and account transfer after the defendant received bitcos from foreigners as shown in the facts charged, and then sold the remaining sales price, excluding fees.

However, Article 3 (1) 16 of the Foreign Exchange Transactions Act (Definitions) (1) is used in this Act.

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