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(영문) 수원지방법원 2014.01.22 2013고정760
외국환거래법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a foreigner of Chinese nationality who entered Korea on June 2010 and resides in Suwon-si, Suwon-si.

Any person who intends to conduct foreign exchange business between the Republic of Korea and a foreign country on the payment, collection and receipt shall have sufficient capital, facilities and professional human resources to conduct foreign exchange business and shall register in advance with the Minister of Finance and Economy.

The Defendant, without such registration, received a request from the representative E of the D Company to pay the export price to China after receiving the payment from the Korea Exchange Agency (import company) to pay it to China. On July 6, 2010, the Defendant deposited KRW 2,117,610 in the won of the import price of lighting products to be paid to E in the Korea Exchange Bank Account (Account Number F) under the name of the Defendant, and transferred KRW 2,100,000 in Korean won to the G Exchange Bank Account (Account Number H) Account (Account Number H) designated by the foreign exchange company in the name of China, and paid the price of KRW 2,10,000 in Korean won to E in foreign exchange without foreign exchange business under the name of the foreign exchange bank account designated by the foreign exchange company in the name of China. The Defendant paid the price of KRW 2,10,000 in Korean won from October 16, 2009 to August 22, 2012 as indicated in the attached list of crimes.

2. As to whether the Defendant intended to engage in foreign exchange business, the following circumstances recognized by the record are as follows: (i) E was engaged in the distribution business of lighting equipment in China from the Mabdo well, and exported lighting equipment to Korean lighting business entities; (ii) if E was supplied to the lighting business entity in Korea, the relevant Korean business entity was engaged in a transaction in the form of payment of the goods to E; (iii) the Defendant was mainly engaged in a work, such as domestic rain, etc. after entering Korea; (iv) E was a kind of child-friendly relationship with the Defendant, and both E and I.

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