A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Any person who intends to engage in foreign exchange business shall prepare capital, facilities and professional human resources sufficient for conducting foreign exchange business and register such business with the Minister of Strategy and Finance in advance.

Nevertheless, without such registration, the Defendant sent the remainder of the money deducted from the fee deposited in each of the above accounts from June 18, 2012 to May 28, 2014 to the joint branch of the Jung-gu Seoul Central Foreign Exchange Bank located in Jung-gu, Seoul to the Republic of Korea through the invitation of the parties intending to transfer the money to the Republic of Korea in Japan and the transfer of the money to the Republic of Korea through personal emuliation.g., the Defendant sent the money to the Republic of Korea through the exchange bank in the name of D’s name, the new bank and the Defendant’s name, and the exchange of the money to the Korean won at the joint branch of the foreign exchange bank after the receipt of the emuliation from the above personal emuliation, and again, the said C returned the money remaining after the amount deducted from the fee deposited in each of the above accounts to the domestic resident’s account designated by the above remitter to the domestic resident’s account.

Accordingly, the defendant, in collusion with the above C, did not register with the Minister of Strategy and Finance, and did foreign exchange business with payment and receipt between the Republic of Korea and a foreign country and related business.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Each specification of transactions (foreign exchange banks and Japanese banks);

1. A copy of each passbook in the name of D foreign exchange bank and new bank;

1. Application of immigration Acts and subordinate statutes for each individual;

1. Circumstances unfavorable to the reasons for sentencing under Article 27(1)5 and Article 8(1) of the Foreign Exchange Transactions Act, the choice of punishment, and Article 30 of the Criminal Act (generality, choice of imprisonment): Defendant is sentenced to a fine and a suspended sentence twice for the same crime;