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Defendants shall be punished by imprisonment for one year.
However, each of the defendants is sentenced to the above punishment for two years from the date of the final judgment.
Reasons
Punishment of the crime
Any person who intends to engage in foreign exchange business shall have capital, facilities and professional human resources sufficient to handle foreign exchange affairs and shall register with the Minister of Strategy and Finance.
The Defendants, without registering with the Minister of Strategy and Finance, received the sales proceeds of Hong Kong from the non-resident in need of Hong Kong from the account in the name of Defendant B, etc. at the hotel casino, etc. in the People’s Republic of China Special Self-Governing Gu of the People’s Republic of China, with the transfer of the sales proceeds of Hong Kong from the non-resident in need of Hong Kong US dollars to the account in the name of Defendant B, and, after restricting certain fees, received the equivalent Hong Kong USD from the non-resident who wants to transfer to Korea, or transferred the equivalent won currency to the account designated by the above tourer, and when the above tourer wants to receive directly in cash in Korea, the Defendant B withdraws the Korean won currency remitted from the Defendant in cash and then conspired to transfer it to the person designated by the above tourer.
1. The Defendants conspiredd as above to receive KRW 23,659,020 from a non-resident in need of Hong Kong on January 16, 2014 to the post office account (D) in the name of the Defendant B, and gave up the corresponding Hong Kong dollars from that time to April 4, 2016, as shown in attached Table 1, the Defendants performed a duty to pay KRW 17,670,621,108 in total on 96 occasions as shown in attached Table 1.
2. On March 26, 2014, the Defendants conspired to receive foreign exchange in collusion as above, and received USD 4,900,000 from an unexploded tourer who wants to remit money to the Republic of Korea, and wired KRW 4,900,000 from the above post office account to the F Bank account (G) in the name of E (G) designated by the above tourer from March 7, 2017, and then on March 7, 2017, the Defendants were to receive KRW 14,737, total sum of KRW 14,98,276,104, as shown in attached Table 2 and 3.