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Defendant
A and C shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for six months.
except that from the date of this judgment.
Reasons
Punishment of the crime
1. Defendant A and C’s violation of the Foreign Exchange Transactions Act is a person who actually managed and operated “L” in Guro-gu Seoul Metropolitan Government under the direction of the J residing in China’s future paths, and Defendant A is a person who received money from J and Defendant C and received instructions from the J and Defendant C.
Any person who intends to engage in foreign exchange business shall prepare sufficient capital, facilities and human resources for foreign exchange business and register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree.
Nevertheless, the Defendants, without registering foreign exchange business, worked in the “L” located in Guro-gu Seoul Metropolitan Government from December 18, 2013, and, under the direction of the J which practically operates the said money exchange center, paid the money from domestic residents to the Chinese account, etc. under their management, or Defendant C paid the cash equivalent thereto to domestic residents in the said money exchange center in China, or made mutual collusion in order with J and M by sharing their roles in order to conduct foreign exchange business in the way of a referring to a "recoverment" in which Defendant A delivers cash directly.
Accordingly, around May 24, 2015, the Defendants: (a) transferred KRW 1,00,000,000 in cash from the above L to the Chinese account under the direction of J, etc. to the Chinese account managed by J; and (b) transferred KRW 1,00,000 in cash to the Chinese account managed by J at the same time; (c) at the same time, the Defendants agreed to refund KRW 1,000,000 in cash to N; (d) at the same time, the Defendants collected KRW 1,00,000 in cash and collected KRW 1,00,000 in cash from around 17:0 on the same day; and (e) at 10,000,000 in the subway Line No. 71-4 in Yeongdeungpo-dong, Yeongdeungpo-gu, Seoul at 711-4, 17:00 on the same day, B or KRW 1,00,00 in cash or shopping.