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(영문) 제주지방법원 2013.07.25 2013고단608
외국환거래법위반
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

When the defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

Any person who desires to engage in a money exchange business shall prepare facilities necessary for running money exchange business and register such business with the Minister of Strategy and Finance in advance as prescribed by Presidential Decree.

The Defendant, around January 2, 2008, exchanged the amount of KRW 8,255,029,515 in total over 674 times, as shown in the attached Table 1 (Foreign Exchange Receipt Agency) from July 15, 2008 to December 13, 201, in the “E” operated by the Defendant located in Jeju-si, without being registered with the competent authorities, and received fees from the needy persons into the Republic of Korea, and exchanged the amount of KRW 821,853,60 over 40 times in total, as shown in the attached Table 2 (Foreign Exchange Payment Agency) from July 15, 2008 to December 13, 2011.

Accordingly, the defendant did not register and run a money exchange business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on response to a request for provision of information;

1. Relevant Articles 27 (1) 6 and 8 (3) (general provisions) of the Foreign Exchange Transactions Act concerning the facts constituting the crime;

1. Article 27 (2) of the Foreign Exchange Transactions Act (the punishment of imprisonment and fine shall be imposed concurrently in consideration of the period and scale of commission);

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

1. Article 62 (1) of the Criminal Act (the fact that the defendant is led to confession and reflects his depth, the fact that the exchange business was registered from February 2, 2012, and other factors such as the age, family relationship, criminal records, etc. of the defendant);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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