The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The court below erred by misapprehending the legal principles on the recognition of illegality, and by misunderstanding facts, acquitted the facts charged in this case.

2. Determination

A. Article 3 (1) 14 (b) of the Foreign Exchange Transactions Act (amended by Act No. 9351 of Jan. 30, 2009) provides that "payment, collection, and receipt between the Republic of Korea and a foreign country" and Article 3 (1) 14 (e) of the same Act provides that "foreign exchange business prescribed by Presidential Decree as similar to the above subparagraph (b) shall be "foreign exchange business". Article 5 (3) 3 of the Enforcement Decree of the Foreign Exchange Transactions Act provides that "business incidental to the above subparagraph (b) shall be "foreign exchange business prescribed by Presidential Decree" and "foreign exchange business prescribed by Presidential Decree" shall be "foreign exchange business prescribed by Presidential Decree" and "foreign exchange business related directly and closely to the above (see Supreme Court Decisions 2005Do16032, May 8, 2008; 2005Do16032, Feb. 16, 2008).

According to the evidence duly adopted and examined by the court below, the defendant "(State)D (hereinafter "the defendant company").

(3) A resident in Japan intends to transfer money to a domestic resident.