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(영문) 창원지방법원 2019.09.26 2019고단1751
외국환거래법위반
Text

Defendant

A Imprisonment with prison labor for ten months, for four months, and for six months, for defendant C, respectively.

except that this judgment.

Reasons

Punishment of the crime

Anyone who intends to engage in a business of foreign exchange shall prepare sufficient capital, facilities, and professional human resources to engage in foreign exchange business and register them with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree, and where the Minister of Strategy and Finance deems it necessary to secure effectiveness of the Foreign Exchange Transactions Act, residents or nonresidents who intend to export or import means of payment or securities shall report on such means of payment or securities, as prescribed by Presidential Decree,

The Defendants conspired to exchange Korean won currency with US$, E, F, G, etc. with US dollars and to close it to the Philippines. D received won currency from the names in the name of the winners (H), etc. residing in the Philippines through an unclaimed passbook, and exchanged it into US$ or emulation, or instruct them to exchange and transport it to the Philippines (hereinafter “one-time converted”) by inviting persons who will transport it into the Philippines, and I, G, etc., upon the aforementioned D’s instruction, exchange Korean won currency with US currency into US dollars and emulation at the L Association's emulation place, etc. located in the window of Changwon-si and Changwon-si, and the Defendants agreed to receive the foreign currency exchange from G, etc. such as M, N,O, P, etc., and to use it in a new emulation, emulation, fla, etc., and to transport it to the persons under the Philippines by means of packing, etc.

On July 18, 2017, without registering or reporting to the Minister of Strategy and Finance, the Defendants issued to the Defendant USD 40,000 (one hundred US$100, one hundred US$100 each unit) and KRW 100,000 (one hundred each unit) out of the foreign currency acquired in advance as a prior invitation to enter the airport of Gangseo-gu, Busan, and Defendant A wear it.

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