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(영문) 창원지방법원 진주지원 2013.10.17 2013고정499
외국환거래법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, 60.

Reasons

Punishment of the crime

The Defendants conspired to conduct foreign exchange business against many and unspecified customers who wish to transfer money to the Philippines while operating food stores in the Republic of Korea with their husband and wife.

Any person who intends to engage in foreign exchange business shall prepare capital, facilities and professional human resources sufficient for conducting foreign exchange business and register such business with the Minister of Strategy and Finance in advance.

Nevertheless, around January 15, 2009, the Defendants conspired to exchange 524,00 won (the monetary unit of the Philippines) from C without registering foreign exchange business at the food store in the territory of the Republic of Korea, and upon receiving a request from C to deliver 524,000 won to the needy in the Republic of Korea, Defendant B deposited 524,00 won with a national bank passbook in the name of Defendant B, and Defendant B, who resides in the Republic of Korea, deposited 524,000 won with a passbook in the name of the Republic of Korea, carried out foreign exchange business by allowing Defendant B’s mother of the Republic of Korea

The Defendants conspired to engage in foreign exchange business, such as delivering the total sum of KRW 103,368,985, from January 15, 2009 to June 18, 2012, to the requesting party residing in the Philippines, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Details of transactions of Defendant B’s national bank and agricultural bank accounts;

1. Application of the statutes on a copy of a bankbook of a national bank and foreign exchange bank;

1. Relevant provisions of the Foreign Exchange Transactions Act and Articles 27 (1) 5 and 8 (1) of the Foreign Exchange Transactions Act, the choice of punishment, and Article 30 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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