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(영문) 서울중앙지방법원 2014.12.23 2014고단8720
외국환거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant receives fees from those who want to remit money between Korea and Australia in Australia, and is engaged in a remittance agency business.

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 registering with the Minister of Strategy and Finance (the former Minister of Finance and Economy), received fees ($5-20 per case) from those who request the transfer of goods, study funds, etc. between Korea and Australia, and made payment and receipt agency business, and made Defendant-friendly relatives and those persons open an account, and secured the account number, security card, and password of the above accounts by wire in order to conduct payment and receipt agency business through telebank or Internet banking using such accounts.

On January 4, 199, the Defendant received from a person who was unable to know the name he wishing to make a transfer from Australia, one million won in the name of the Defendant E-bank account (Account Number:F) in the name of the mother of the Defendant, the name of the mother of the Republic of Korea, referring to the money to be returned to Australia, and paid the amount equivalent to the above amount to a person whose name is unknown at that time, and remitted 5,600,800 won, excluding the following fees, from a person who was unable to know the name he/she wishing to make a transfer from Australia to Korea, from a person who was unable to know the specific place in Australia on the same day, to a person who was unable to know the name he/she wanted to make a transfer from Australia, by means of

In addition, the Defendant appears to have written in writing the “Foreign Exchange Thaiwon” as shown in the attached list of crimes between January 4, 1999 and November 15, 2004 (However, the bank branches that opened the account No. 13 in the name of H are deemed to have written in writing (Evidence Records).

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