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(영문) 서울중앙지방법원 2017.05.11 2017고단2167
외국환거래법위반
Text

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

363,187,604 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Any person who intends to engage in foreign exchange business shall prepare sufficient capital, facilities and professional human resources for conducting foreign exchange business and register in advance with the Minister of Finance and Economy, as prescribed by Presidential Decree.

Upon receiving a request from money exchange operators operating in and around a hotel casino located in Jung-gu Seoul Metropolitan Government, the Defendant, along with E, made them deposit money in Korean currency into the account of the Korean foreign exchange bank in Korea. On the confirmation of deposit, the Defendant, upon receiving a request from money exchange operators operating in and around the hotel casino located in the Republic of Korea, had F in the Republic of Korea deposit money into the account of the Korean exchange bank in Korea, and had F in the Republic of Korea pay the money exchange operators, etc. and received 0.2% of the money exchange from the money exchange operator.

Accordingly, when a money changers et al. requests a F to transfer money to a F, G shall withdraw it in cash and deliver it to H, while H shall transfer the said cash to a Chinese person who works in the Dongdaemun Clothing Market, etc., and H shall deposit the said cash into the account of the said Chinese person, which corresponds to the said cash, and upon notification to a Japanese business entity located in a transaction with the said Hong Congo, if the said Hong Congo deposited the cash into the Republic of Korea, it shall be notified that I and the J directly received it from another airport located in the ASEAN of Japan and directly deliver it to the Republic of Korea, and F shall make a public offering to refund to the Republic of Korea in the manner of "foreign exchange" under the name of local money changers or Korean tourists paid to the said Chinese person.

Defendant, E, etc., without registering foreign exchange business, is requested by money changers or Korean tourists located outside the Philippines on September 11, 2015 to transfer funds through F, and they shall enter F’s domestic foreign exchange bank account.

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