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(영문) 청주지방법원 2020.01.31 2019고단2195
외국환거래법위반
Text

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

However, 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

Any person who intends to engage in foreign exchange business shall have sufficient capital, facilities and human resources for foreign exchange business and register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree.

Nevertheless, the Defendant, after directly receiving USD 1 from Korean tourists, etc. at Makao local, received the Hong Kong directly from Makao-si, followed by transferring the equivalent won currency to the domestic Bbank account (Account Number C) and D Bank account (Account Number E) designated by him, or had the Defendant deposit the Korean won currency into the above domestic account under the name of the Defendant, and then, was willing to conduct foreign exchange business in the way of a tentative name, such as deducting 1-2% of remittance from the F Account opened at Makao-si under the name of the Defendant, and making the transfer from Maka-si to Hong Kong, and directly making the transfer to Maka-si.

1. On September 26, 2015, the Defendant received KRW 11 million from G to the above bank account in the name of the Defendant, and paid KRW 1,00,000 from September 26, 2015 to January 25, 2018, the Defendant received KRW 1,912,05,000 from the above B bank account via 153 times from September 26, 2015 to September 13, 2017, and received KRW 2,206,337,50 from around 155 to September 13, 2017 to pay KRW 308 to the above D bank account in total, and deposited KRW 1,91,05,00 from the balance of the fees to be paid in the Republic of Korea.

2. On September 19, 2015, the Defendant received USD 30,800 equivalent to the Hong Kong equivalent to the KRW 30,800,000 from H that wants to transfer from Macar to Korea, at a place where it is not known that it was less than Makao, and thereafter designated by H from the above account in the Defendant’s name.

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