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(영문) 전주지방법원 정읍지원 2017.05.18 2017고단6
외국환거래법위반
Text

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

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

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.

Nevertheless, on January 11, 2008, the Defendant received 12,870,000 won from a person who requested the name in the name of the Ministry of Strategy and Finance to a national bank account (C) in the name of the National Bank account in the name of B from the person who requested the payment of 12,870,000 won to a Japanese resident in the name of the requesting person, and paid a total of 12,352,195,205 won from January 4, 2008 to September 5, 201 in the above manner.

On January 7, 2008, the Defendant received 10,000,000 won from the person requesting name in Japan, and then transferred KRW 10,00,000 to the D's cooperation account designated by the requesting person at the National Bank Account (C) in the name of the National Bank Account (C) in Japan, and received KRW 12,615,683,194 on behalf of the Defendant from January 7, 2008 to September 5, 2011 in total by the above means as above.

Accordingly, the Defendant paid and received total of KRW 24,967,878,399, as stated in the list of offenses in the attached Form 6,520s, and carried out unregistered foreign exchange business through payment and receipt between Korea and Japan.

Summary of Evidence

1. Statement by the defendant in court;

1. Financial information in the name of a national bank account in A (E), financial information in the name of agricultural bank account in A (F), and financial information in the name of national bank account in B (C);

1. Application of Acts and subordinate statutes on suspicions of A foreign exchange business (payment by proxy and receipt by proxy);

1. Article 27 of the Act applicable to the facts constituting an offense and Articles 27 (1) 5 and 8 (1) of the Foreign Exchange Transactions Act that choose a penalty;

1. The reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution of foreign exchange transactions have been made by providing bank accounts between Korea and Japan and soliciting customers in exchange for a long time.

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