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(영문) 인천지방법원 2018.06.28 2018고단2434
외국환거래법위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to conduct foreign exchange business shall prepare sufficient capital, facilities and professional human resources for conducting foreign exchange business and register in advance with the Minister of Finance and Economy, as prescribed by Presidential Decree.

Nevertheless, on July 2015, the Defendant, without any registration, actually operated Jung-gu Incheon Metropolitan Government C around July 2015, received KRW 10,000 per unit fee from those who want to transfer money between Korea and China, and had the intention to engage in foreign exchange business related to payment and receipt between Korea and China as a prompt method.

Accordingly, around August 6, 2015, the Defendant received a request from a person who wants to remit money from Korea to China, and received KRW 13,000,000 from Korea to a person who was designated by the above person who was in the name in the name in the name in China, and paid the equivalent amount of KRW 22,78,841,00 from August 8, 2017 to August 8, 2017, the Defendant paid KRW 22,78,841,00 to a domestic resident who was requested to remit money from China to China. From July 1, 2015, the Defendant transferred KRW 23,820,000 to a person who was designated by the above person in the name in the name in the name in the name in the Chinese office, and transferred KRW 20,000 to the residents in the Chinese Association by proxy from August 4, 2017 to KRW 70,000 (70,000).

Accordingly, the defendant did not register with the Minister of Strategy and Finance, and did foreign exchange business on payment and receipt between Korea and China.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (including attached documents) by the police for E;

1. F's certificate;

1. Police seizure records;

1. Notification of suspicion of violation of foreign exchange transactions (D);

1. Application of A Acts and subordinate statutes governing entry and departure;

1. Article 27-2 of the Act applicable to the facts constituting the crime and Article 27-2 of the Foreign Exchange Transactions Act selected for the penalty;

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