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(영문) 서울중앙지방법원 2017.10.19 2017고단5254
외국환거래법위반
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant, after acquiring Indonesia nationality in 2006, is operating an exchange company with C's trade name in Indonesia.

In operating the said money exchange company, the Defendant received certain fees from the persons wishing to remit money between Indonesia and Korea, and thought that he acting for the remittance business (hereinafter referred to as the “money exchange”).

Any person who intends to engage in foreign exchange business under the Foreign Exchange Transactions Act, such as payment, collection, receipt, etc. between the Republic of Korea and a foreign country, shall prepare sufficient capital, facilities, and experts in foreign exchange business and register foreign exchange business with the Minister of Finance and Economy in advance.

1. The Defendant violated the Foreign Exchange Act on the transfer of money to the Republic of Korea in Indonesia, without registering foreign exchange business with the Minister of Finance and Economy of the Republic of Korea on January 4, 2010, after deducting the fee (0.33 to 0.36% of the transaction amount) converted into the Indonesia “Indonesia” upon request from the customers in the name of the Minister of Finance and Economy, and transferred the equivalent of KRW 2.50,000 from the account in the name of the Defendant to the account in the name of one bank (Account Number:D) designated by the customer in the above name of the Defendant to the account in the E bank (Account Number:F) designated by the customer in the above name of the Defendant, from January 20 to January 20, 2017, the Defendant paid the attached list of crimes (excluding the portion paid in the attached Table 39,395,6167,687 and 757 of the Republic of Korea's amendment to the bill of indictment.”

The operation was carried out.

2. The Defendant does not register foreign exchange business with the Minister of Finance and Economy of the Republic of Korea, in violation of foreign exchange transaction laws regarding the remittance to Indonesia.

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