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(영문) 서울중앙지방법원 2014.04.10 2014고정717
외국환거래법위반
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to engage in foreign exchange business shall prepare capital, facilities and human resources sufficient to engage in foreign exchange business and register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without receiving a certain fee, did not want to pay import duties, etc. in Japan from the domestic clothing exporters in the Dongdaemun-gu market, the Defendant accepted a request from Japan without filing an export declaration, and transported clothing, etc. to Japan without filing a normal export declaration, such as shipping the export price into Japan through the domestic travel agencies, etc., and received a false declaration as business funds, not export price, at the time of entry into Korea, by accepting the request from Japanese importers, such as D, E, and F, through the "G", "H", and "I," which are the substitute shipping companies arranged by Japanese importers, such as D, E, and F, and received a false declaration as business funds, not for export price, at the time of entry into Korea.

At the request of a domestic exporter around January 11, 2007, the Defendant received the UN 2,00,000,000 of the export price of the clothing exported from a foreign importer without filing an export declaration in the above manner and illegally brought in the Republic of Korea. From that point of time to May 25, 2012, the Defendant received the UN 443,90,000,000 ( considerable to KRW 5,221,825,450,00 in the total amount of export price) from the foreign importer and paid it to the domestic exporter.

Accordingly, the defendant did not register with the Minister of Strategy and Finance, but did foreign exchange business such as payment, collection and receipt between Korea and Japan.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of investigation records and specific circumstances);

1. Application of Acts and subordinate statutes on the immigration status of individuals;

1. Article 27 (1) 5 and Article 8 of the Foreign Exchange Transactions Act applicable to the relevant criminal facts and the selective punishment;

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