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(영문) 서울북부지방법원 2020.06.10 2019고단3830
외국환거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in foreign exchange business shall prepare capital, facilities and professional human resources sufficient to engage in foreign exchange business and register such business with the Minister of Strategy and Finance in advance pursuant to the relevant Acts and subordinate statutes, and shall not engage in foreign exchange business without registration.

On July 2, 2018, the Defendant, without registering foreign exchange business, received the request from the bearers who want to transfer to Macaro in Korea, from the bank account in the name of B to the post office account (C) in the name of the Defendant, and performed as an agent for payment of foreign exchange equivalent to Hong Kong dollars from June 4, 2015 to March 10, 2019, including the transfer of the equivalent Hong Kong dollars to the account designated by the remitter (hereinafter “one-time refund period”), and conducted as an agent for payment of foreign exchange equivalent to KRW 15,90,138,906 in total, as stated in each payment on each payment on the attached list of crimes, on a total of 1,543 occasions from June 4, 2015 to March 10, 2019.

In addition, around June 7, 2018, the Defendant received the request from the needy in Makao from the wounded in order to transfer money from Makao to Korea from Makao, and received 30,000,000 won from Makao, and performed the receipt of foreign exchange as an agent in the way of remitting the above 30,000,000 won to the E Bank Account (F) in the name of the Defendant’s post office account (C) in the name of Da (C) from Da, as well as the receipt of foreign exchange from June 9, 2015 to March 14, 2019.

In this respect, the Defendant carried out the unregistered foreign exchange business on behalf of Hong Kong.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes concerning account details and transaction details;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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