A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

Where a resident intends to engage in transactions with a nonresident in a foreign country concerning the creation, change, or extinction of claims in connection with a deposit contract, he/she shall report it to the Minister of Finance and Economy.

The defendant is the representative director who exercises overall control over the affairs of E, F, G and H, which are established for the purpose of the ship fuel brokerage business.

The Defendant opened an overseas account in the name of the Pester established in a foreign country, and operated the E, F, G, and H, thereby raising a mind to deposit revenues from the F, G, and H into the above overseas confidential account that did not report to the pertinent authorities.

피고인은 2012. 1. 경 세이셸에 I 라는 명칭의 페이퍼 컴퍼니를, 2013. 7. 경 세이셸에 J 라는 명칭의 페이퍼 컴퍼니를, 2014. 12. 경 세이셸에 K 라는 명칭의 페이퍼 컴퍼니를, 2016. 6. 경 홍 콩 완 차이에 L 라는 명칭의 페이퍼 컴퍼니를 각각 설립한 후 그 무렵 홍 콩 에이치에스 비씨 (HSBC) 은행에 위 각 페이퍼 컴퍼니 명의의 계좌를 개설하여 관리 ㆍ 운용하였다.

On January 11, 2012, the Defendant deposited USD 117,187,432.88 ($ 130,296,285,51 in total) in 1,042 from around that time to April 11, 2017, the Defendant deposited USD 117,187,432.88 ($ 130,296,285,551 in total) in the bank account in the name of Hong Sck S Sc, a non-resident, with the payment of USD 57,450 for ship fuel brokerage in the name of Hong Sc, a non-resident.

Accordingly, the Defendant did not report to the Minister of Finance and Economy as above and traded capital.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on investigation reports and seizure records;

1. Article 29(1)6 and Article 18(1)1 of the former Foreign Exchange Transactions Act (amended by Act No. 14525, Jan. 17, 2017) on criminal facts and the option of punishment (amended by Act No. 14525, Jan. 17, 201).