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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On August 16, 2006, the Plaintiff, a foreigner of Uzbekistan nationality, entered the university located in the Republic of Korea, entered the Republic of Korea as a short-term visit (C-3) sojourn status in attached Table 1 of the Enforcement Decree of the Immigration Control Act on August 16, 2006, and began to live together with the wife upon obtaining the permission of change on September 4, 2006.
Since then, the plaintiff left Korea on December 18, 2007 with his wife on February 19, 2008, but entered the Republic of Korea with his wife on February 19, 2008, with his status of stay such as "ordinary training (D-4), study (D-2) after entering the Republic of Korea."
B. On October 26, 201, the Plaintiff, upon obtaining permission to change his/her status of stay as “corporate investment (D-8)” on November 21, 201, established C Co., Ltd. (hereinafter “Nonindicted Company”) that mainly engages in the restaurant business, etc. as of November 21, 2012. After completing business registration under the name of the Nonparty Company on November 23, 2012, the Plaintiff opened a restaurant with “C” and operates it until now on the date of the Plaintiff’s domicile, which is the Plaintiff’s domicile. The Plaintiff’s wife has been living together with the Plaintiff as “F-3” from June 17, 2013.
C. However, around January 2015, the Plaintiff was indicted for violating the Foreign Exchange Transactions Act and the Electronic Financial Transactions Act and was tried in undetained condition (C Changwon District Court 2015No72). On April 29, 2015, the first instance court rendered a judgment to impose the Plaintiff’s imprisonment with prison labor for a period of suspension of execution of eight months and KRW 4,265,54, and the said judgment becomes final and conclusive around that time. The gist of the Plaintiff’s criminal facts acknowledged in the above judgment is as follows.
1. The Plaintiff in violation of the Foreign Exchange Transactions Act shall receive fees equivalent to 0.5% to 1% of the remittance amount from a person who wants domestic residence remittance from the Minister of Strategy and Finance without registering the said amount, and shall be refunded to Korea managed by the Plaintiff.