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(영문) 의정부지방법원 2017.05.22 2017고단1253
외국환거래법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On December 26, 2003, the Defendant was living illegally staying in the Republic of Korea after entering the Republic of Korea as a travel visa on December 26, 2003. Around January 19, 2016, the Defendant was a person of nationality in writing who received extension of the period of stay until April 6, 2017 upon filing an application for refugee status with the head of the Yangju Immigration Office.

On May 29, 2009, the Defendant received KRW 1,300,000 from C who wants to transfer in Bangladesh to the Agricultural Cooperative (D) account in the name of the Defendant in the name of the Defendant on deposit, without registering with the competent authority, even though it was prohibited from money exchange without registering, and paid the money, other than fees, to the person designated by C in Bangladesh through E in the name of his/her personal information, in Bangladesh, to the person designated by C in the territory of the Republic of Korea.

In addition, from that time to July 29, 2016, the Defendant deposited an amount of KRW 6,147,870,845 in total over 3,70 times as indicated in the list of crimes in the attached Table, and paid it to “Dak” at the local level in Bangladesh by the aforementioned method.

Accordingly, the defendant did not register and carried out foreign exchange business on payment and receipt between the Republic of Korea and a foreign country.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement with respect to F and G;

1. Application of Acts and subordinate statutes that describe account transactions details;

1. Relevant Article 27 of the Act and the main sentence of Article 8 (1) 5 and the main sentence of Article 8 (1) of the Foreign Exchange Transactions Act concerning the facts constituting an offense;

1. The Defendant, for the reason of sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as set forth below), has run a business without registration using another person’s account for a prolonged period exceeding seven years.

The size exceeds 6.1 billion won, and the profits earned by the defendant also reaches 404 million won (Evidence Record 404 pages): Provided, That the sentence of imprisonment shall be imposed in consideration of the fact that the defendant has led to the entire confession of the crime, the fact that the defendant has no record of criminal punishment in the Republic of Korea, and the execution thereof.

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