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(영문) 광주지방법원 2013.05.24 2013고단1168
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in logistics business.

Any person who intends to engage in foreign exchange business shall prepare capital, facilities and professional human resources sufficient for conducting foreign exchange business and register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree.

Nevertheless, the defendant judged that the defendant could gain future business profits in consideration of the convenience of the customers of the logistics business who have been requested to remit the proceeds of export and import from the customers of the logistics business.

1. On March 18, 2008, the Defendant received KRW 300,000,000 from C who imported goods from China to China to Korea in the account of Korea (Account Number D) in the name of the Defendant, and paid KRW 804,694,052 in total from July 13, 2012 to July 13, 2012, from the time when the Defendant paid the People's Union of China equivalent to the above money to the name of the Chinese exporter who wants the above C, the Defendant received or paid KRW 804,694,052 in total using the above Korean Bank Account and the Bank Account (Account Number) account in the name of the Defendant and the Bank (Account Number) account in the name of the Defendant from July 13, 2012.

2. From March 13, 2008 to July 24, 2012, the Defendant: (a) received a request from F to F to Korea for the receipt of the purchase price of goods from the Republic of Korea from F to China; (b) received approximately KRW 10,000,000 from a Chinese importer’s name, and then remitted KRW 10,000 to a domestic bank non-bank account known to the above F from the Defendant’s domestic Telecommunication (Account Number D) account; and (c) received KRW 351,867,30,000 in total from March 13, 2008 to July 24, 2012 using the above KF Bank account and the Bank account under the name of the Defendant in the name of the Republic of Korea and the Bank account; and (d) received KRW 351,867,300,000 from the Defendant’s domestic Telecommunication account.

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