Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal power] On February 1, 2019, the Defendant issued a summary order of KRW 5 million as a result of the violation of the Foreign Exchange Transactions Act at the Seoul Southern District Court on February 1, 201, and the said summary order became final and conclusive on February 19, 2019.
【Criminal Facts】
Anyone who intends to engage in 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, the Defendant, without being registered with the Minister of Strategy and Finance, received won currency from a person who wants to transfer it to China in Korea, and paid Hong Kong dollars to a person designated by the said person on the Macar local site, and had the person who wants to transfer it from Makao to the Republic of Korea, and had the person who wants to transfer it to the Republic of Korea use two domestic accounts, such as C(D) and E’s corporate bank accounts in the name of Maka branch B, in order to make a foreign exchange business without registration (hereinafter referred to as “Stenographic exchange”) by transferring won currency from Maka local area to another account he/she designates.
Accordingly, around March 20, 2019, the Defendant received from a person under whose name the Defendant wants to remit money to Mcaro in Korea, 29 million won from the account in the above name B, and thereafter paid to the person designated by the said person the remaining amount after deducting a certain percentage of fees. On the same day, the Defendant continued to engage in a foreign exchange business without registration by making payment of USD 45 million from Mcar to the corporate bank account in the above name E in the same manner after receiving the remittance of KRW 45 million from the person under whose name the said person’s name was in the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the interrogation of each police suspect in relation to B and E;
1. The execution of a warrant for internal investigation, search, seizure and inspection;