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(영문) 춘천지방법원 원주지원 2019.05.16 2019고정45
외국환거래법위반
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to engage in foreign exchange business shall be equipped with capital, facilities and human resources sufficient for conducting foreign exchange business and shall register such business with the Minister of Strategy and Finance in advance.

Nevertheless, the Defendant, without being registered with the Minister of Strategy and Finance, established a transfer agency for the name “F” in collusion with the Minister of Strategy and Finance within the health food store located in Australia, and thereafter, opened an advertisement to act for the transfer to the daily living information store of the local residents of Australia, and then received USD 3 to 5 per remittance request (5,000 won from the Han 3,00 won to the Han 3,000 won) from the local students, students, or sexual traffic women who request the transfer by proxy, using the exchange account such as H (the account holder: I) of the G Bank, such as the attached list of crimes, and conducted a foreign exchange business without registration by proxy by remitting KRW 1,043,738,312 for a total amount of 480 times, such as the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Details of account numbers of refunded companies and relevant account numbers;

1. Advertisement of living information papers of the transshipment enterprise;

1. Investigative Report (hereinafter referred to as “F”);

1. Application of Acts and subordinate statutes to investigation reports (account tracking results);

1. Article 27(1)5 and the main sentence of Article 8(1) of the former Foreign Exchange Transactions Act (amended by Act No. 14525, Jan. 17, 2017); Article 30 of the Criminal Act (amended by Act No. 14525, Jan. 17, 201);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The so-called “return” crime is a matter of itself, but is abused as another crime or a means of escape, such as overseas illegal gambling and concealment of criminal proceeds, and thus, the social cost cannot be said to be less.

The amount related to the crime of the “stock exchange” in this case is reasonable.

A favorable circumstance: The defendant is the case.

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