A defendant shall be punished by imprisonment for six 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

Although those who intend to engage in foreign exchange business have sufficient capital, facilities and professional human resources to engage in foreign exchange business and had them registered with the Minister of Strategy and Finance in advance, they conducted foreign exchange business without being registered with the Minister of Strategy and Finance as follows:

On January 1, 2020, the Defendant received 16,687,020 won in Korean currency from a person who has no record of his name to China at the C Exchange Center operated by the Defendant in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and received 10,000 won as a commission, and subsequently performed payment agency by means of remitting the money equivalent to the above won from the Chinese E Bank Account (F) in the name of the Defendant’s spouse to the account designated by the above person who has no record of his name, from February 5, 2020 until February 5, 2020 from that time, the Defendant paid the money by way of remitting it to the account designated by the person who has no record of his name.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts and Articles 27-2 (1) 1 and 8 (1) of the Foreign Exchange Transactions Act (excluding the choice of imprisonment and comprehensive imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which is a provisional payment order under Article 30 (1) of the Foreign Exchange Transactions Act, is likely to undermine transparency of foreign exchange transactions and disrupt the order of foreign exchange transactions as well as disrupt the order of foreign exchange transactions and abuse it for the purpose of raising funds for various crimes and washing the proceeds from crimes, etc.

In fact, some money exchange in the crime of this case has been unregistered in a way of partly exchanging funds, etc. suspected of having relation to the crime, such as licensing, etc.