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(영문) 부산지방법원 2016.04.27 2016고단920
외국환거래법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by a fine of ten million won, and by a fine of three million won for each fine of three million won.

The Defendants are the defendants.

Reasons

Punishment of the crime

1. Defendant A

(a) Any person who intends to engage in foreign exchange business in violation of the Foreign Exchange Transactions Act shall prepare capital, facilities and expert manpower sufficient for conducting foreign exchange business, and register in advance with the Minister of Finance and Economy;

The Defendant conspired to make a transfer from the Defendant E and the People's Republic of China (hereinafter referred to as "China") to the Republic of Korea (hereinafter referred to as "Korea"), or to make a transfer from Korea to China through an account opened in Korea under the name of the Defendant or the Defendant's husband B, etc. or to conduct foreign exchange business without registering the transfer.

On May 25, 2013, the Defendant received KRW 600,00 from F to a new bank account (Account Number: H) in the name of the Defendant’s bank account (Account Number) in the name of F from Korea to China, and paid KRW 3,791,851,980 in total from March 2, 2015, from that time, to March 2, 2015, the Defendant paid KRW 1,344 times in total, as shown in Appendix 1, as shown in Appendix 1.

Around July 11, 2013, the above E received 1,000,000 won and certain fees from a person who did not want to transfer from China to Korea, and the Defendant paid 1,000,000,000 won from the Defendant’s husband’s account (Account Number: I) bank account in the name of the Defendant’s husband in Korea and paid 1,00,000,000 won to a person designated by the said person. From that time until March 2, 2015, the Defendant was able to receive 3,483,072,270 won in total over 2,460 times from March 2, 2015, as shown in attached Table 2 of Crimes List 2.

Accordingly, the Defendant conspiredd with the above E in order to engage in foreign exchange business without being registered with the Minister of Strategy and Finance.

(b) Any person who violates the Electronic Financial Transactions Act shall give instructions for transactions in electronic financial transactions, or shall be a user and a user;

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