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(영문) 부산지방법원 2013.05.10 2013고정307
외국환거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 18, 2006, the Defendant established and substantially operated the said company by March 2008, by establishing C Co., Ltd., which is engaged in miscellaneous retail and trade business in Seongbuk-gu Seoul (201) in Seongbuk-gu Seoul.

Where a resident makes payment, etc. with a person who is not a party to the relevant transaction in settling claims and obligations arising from transactions or acts between a resident and a nonresident, he/she shall report in advance to the Minister of Strategy and Finance on the method of

Nevertheless, on May 30, 2007, the Defendant imported respectively 7,431 US dollars 7,431 US dollars such as Toys, etc. on August 16, 2007, from a Chinese exporter’s “LINY UNG YG YIG YAL YAL TRDDDD”, and paid on November 29, 2007 to a non-resident “third party D” who is not a party to a transaction, who is not a party to a transaction, from that time to March 24, 2008, without filing a report thereon, from a total of 9 US dollars 127,702.19 (limited to 121,519, 169, 196).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of Part 45, a survey report, the details of the sending of the current account, the remittance details of the personal account, and an import declaration related to the payment of third parties

1. Relevant Article 28(1)2 and Article 16 subparag. 3 of the former Foreign Exchange Transactions Act (amended by Act No. 9351 of Jan. 30, 2009) regarding criminal facts; the selection of fines for negligence

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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