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(영문) 인천지방법원 부천지원 2018.07.20 2018고단859
외국환거래법위반
Text

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

However, the execution of the above punishment 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 conduct 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, the Defendant, without being registered with the Minister of Planning and Finance, received a proposal of the Exchange Meteorological C in China, and received a monthly wage from the person who wants to transfer money between Korea and China, and conspired to conduct foreign exchange affairs concerning payment and receipt between Korea and China as a prompt method.

On August 31, 2016, the Defendant sent persons to Samsung Station by telephone from D on August 31, 2016

A request is received for the delivery of money, “A request is changed.” At the same time, Samsung Station delivered KRW 2,90,000 from E to the sender from Samsung Station, and thereafter, C shall inform C of the Chinese account number in the name of D in the name of Chinese Construction Bank account (Account Number:F) in its name, and C shall, upon receiving a request from the Chinese Construction Bank account (Account Number:C) in its name, transfer the money to the Chinese Construction Bank Account (Account Number) in its name for the same day and deliver it to C with a total of KRW 168,200,000,000, which is the remainder of the money to be delivered from the needy parties in Korea. C shall transfer the remaining money to the Chinese account of a person who is to receive money from China.

The Defendant, in collusion with C, received a total of KRW 11,23,029,00 from the needys in the Republic of Korea wishing to transfer money to China without being registered with the Minister of Finance and Economy from March 8, 2016 to September 23, 2016, as indicated in the list of crimes in the attached Table of Crimes, and delivered the money to the needys sent by C, and C shall transfer the remainder of the money restricted from exchange fees to the needys who want to receive the money in China in Chinese currency.

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