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(영문) 서울중앙지방법원 2017.11.15 2017고단3680
외국환거래법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On January 5, 2011, the Defendant established “C” through “C”, a specialized company for the establishment of the Red Congo, which was a company specialized in the establishment of the Red Cross, and purchased the LROM panel, etc. from domestic companies, and had the Defendant thought to be exported to the local home electrical companies in China via D.

Where a resident intends to make a transaction of foreign currency deposit with a nonresident abroad, he/she shall report it to the head of the designated foreign exchange bank.

Nevertheless, around March 28, 2011, the Defendant traded USD 56,687 ($ 63,177,772 equivalent to USD 63,77,72) with the Red Congo Foreign Exchange Bank, a non-resident, from that time until March 24, 2016, USD 48,546,962 ($ 53,728,148,296 equivalent to USD 53,78,296) as shown in the list of crimes in the attached Table, from that time, the Defendant deposited USD 56,687 ($ 63,177,772 in the Republic of Korea) in the name of D.

Accordingly, the defendant did not report to the head of the designated foreign exchange bank and traded foreign currency deposits with the non-resident abroad.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (Analysis of the details of deposits and withdrawals of red bean accounts, and confirmation of the amount of penalty);

1. Application of Acts and subordinate statutes to the details of inquiries made by “D” red bean companies, invoices and fashion lists, and the details of transactions made by Hong bean Bank;

1. Relevant Article of the Act on Criminal Facts and Article 7 of the Addenda to the Foreign Exchange Transactions Act (amended by Act No. 14525, Jan. 17, 2017); Article 29 (1) 6 and Article 18 (1) of the former Foreign Exchange Transactions Act (amended by Act No. 14525, Jan. 17, 2017);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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