A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

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

Nevertheless, the Defendant, without any registration, has to conduct foreign exchange business in relation to payment and receipt between Korea and the Philippines under the prompt name “Refunding” method. Around May 2018, the Defendant heard the word “C” from a person in distress in the name of the Republic of Korea (hereinafter “C”), who is in the course of preparation for the operation of the Republic of Korea (hereinafter “C”), that “in the course of preparation for the operation of the Republic of Korea, transfers the Korean won currency to a person in the course of preparation for the operation of the Republic of Korea, to a closed address,” and then sought the word “D bank account in the name of the Republic of Korea (F), G company bank account in the name of the Republic of Korea (H), and J bank account in the name of the Republic of Korea (K). If the Korean won currency is deposited into each of the above accounts from the person in distress, the Defendant purchased the Republic of Korea currency corresponding thereto from the Republic of Korea, and then planned the said person in the name of the Republic of Korea again.

On May 8, 2018, the Defendant: (a) transferred KRW 4 million to the E bank account in the name of the Republic of Korea from the Republic of Korea, the Republic of Korea, the Republic of Korea, and the Republic of Korea, the Republic of Korea, from the date and time to June 12, 2018, transferred KRW 340,030,000 in total from the date and time to June 12, 2018; and (b) paid the money equivalent to the money of the Republic of Korea to the person in default of his/her name.

Accordingly, the defendant did not register with the Minister of Strategy and Finance, but did not engage in foreign exchange business on payment and receipt between Korea and the Philippines.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The prosecutor's statement concerning G;

1. An investigation report (referring to the investigation of records of the opening of the LM union account);

1. Application of the Acts and subordinate statutes of search, seizure, verification, extension and reply (Evidence List No. 18);

1. Criminal facts;