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Defendant shall be punished by imprisonment for three years and by a fine of 100,000,000 won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
Any person who intends to engage in foreign exchange business, such as payment, collection, receipt, etc. between the Republic of Korea and a foreign country, shall prepare sufficient capital, facilities, and experts in foreign exchange business and register in advance with the Minister of Finance and Economy.
The Defendant, as a foreigner of Chinese nationality, was in the office of Geumcheon-gu Seoul Metropolitan Government D 1001 "E", without registering foreign exchange business, had the client for foreign exchange paid the money to the Chinese bank account in China, and had the client paid the money to the Chinese bank account in Korea, with the intention of engaging in the foreign exchange business.
On June 1, 2017, upon receipt of a request from the client before the exchange in China to make the exchange equivalent to KRW 50,000,000,000 from the client before the exchange, the Defendant paid the exchange of KRW 50,000 to the account in the name of the applicant for the exchange in Korea, and exchanged KRW 50,000,000 in the name of the applicant for the exchange in Korea to the account in the name of the electronic register of crimes in the attached Form from January 4, 2016 to January 5, 2018, the Defendant exchanged KRW 130,538,32,322 in total by the same method over 42,231 by the same method.
Accordingly, the defendant is engaged in foreign exchange business such as payment, collection, and receipt between the Republic of Korea and China without registering with the Minister of Strategy and Finance.
Summary of Evidence
1. Partial statement of the defendant;
1. Each investigation report (the list of evidence Nos. 1, 4, 6 through 10, 13, 14, 18, 20, 22, 24, 28);
1. Seizure records;
1. Application of Acts and subordinate statutes on account transactions;
1. Relevant Article 27-2 of the Foreign Exchange Transactions Act and Articles 27-2 (1) 1, 8 (1), and 27-2 (2) (including inclusive) of the same Act concerning the facts constituting an offense, and both imprisonment and a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Judgment on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act