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(영문) 인천지방법원 2017.06.15 2017고정1126
외국환거래법위반
Text

Defendants shall be punished by a fine of KRW 8,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is the representative director of Company B and B (place of business), and Company B (place of business) is the domestic branch of Company B, a Japanese corporation, a non-resident corporation, which had the address in Incheon Jung-gu C and 201 on March 29, 2016 and completed the registration and business registration for manufacturing and receiving food, etc.

Where a non-resident intends to establish a domestic branch office and conduct capital transactions between this and the branch offices, he/she shall file a prior report with the Minister of Finance and Economy.

Nevertheless, on April 7, 2016, the Defendant traded capital without filing a prior report by remitting the foreign exchange bank account (D) in the name of the non-resident corporation B (place of business) under the name of the non-resident corporation B (place of business) to the foreign exchange bank account (D).

2. On April 7, 2016, Defendant B (business office) committed a violation of capital transaction without filing a prior report, as described in paragraph (1), with respect to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of the Acts and subordinate statutes, such as the details of the violation (suspect), (main) business information, investigation report (Submission of details of domestic financial transactions and transactions before the branch office is not reported), reasons for failure to report, etc., application for remittance and notice, copy of business registration certificate, and copy of business registration certificate (stock company B);

1. Article 29 (1) 6 and Article 18 (1) of the Foreign Exchange Transactions Act, and Article 31, Article 29 (1) 6 and Article 18 (1) of the Act on Foreign Exchange Transactions, and Article 31, Article 29 (1) 6 and Article 18 (1) of the Foreign Exchange Transactions Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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