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(영문) 수원지방법원 안산지원 2019.06.27 2019고단1193 (1)
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

Any person who intends to engage in a business of foreign exchange, such as payment, collection, receipt, etc. between the Republic of Korea and a foreign country, shall, in advance, register capital, facilities and professional human resources sufficient for conducting a foreign exchange business with the Minister

Nevertheless, around August 11, 2016, the Defendant: (a) registered in the name of the Defendant “B exchange prior to purchase of foreign currencies and travelers’ checks issued in a foreign country; (b) re-transfer of foreign currencies issued in a foreign country to non-residents (within the scope of sales performance after the date of entry); (c) registered “B exchange prior to exchange business with the same person and non-residents; and (d) accepted a proposal from C, “the balance of Korean won currency after deducting the fee from the fees for sending Korean currency to a bank account in the name of the Defendant (E)” through “F; and (c) received KRW 1,00,000 from C through the said D bank account on the same day after receiving KRW 30,000 from the said D bank account on the same day; and (d) transferred the balance of KRW 2,90,000,000 after deducting the fee from KRW 1,000 from KRW 30,000,000 from the said money, to KRW 3738,292,2000.3.3.

Accordingly, the defendant, without being registered with the Minister of Strategy and Finance, engaged in foreign exchange business such as payment, collection and receipt between the Republic of Korea and China.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning C;

1. Response to a request to provide information on financial transactions;

1. A detailed statement of accounts in AD bank;

1. Application of Acts and subordinate statutes on account statements in the I J bank;

1. Relevant provisions of the Foreign Exchange Transactions Act concerning criminal facts and Articles 27-2 (1) and 8 (1) of the Foreign Exchange Transactions Act (or, collectively, the choice of fines);

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

1. Article 30 of the Foreign Exchange Transactions Act;

1. The order of provisional payment;

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