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(영문) 의정부지방법원 2017.04.17 2017고단860
외국환거래법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant entered the Republic of Korea as a travel visa on May 1996 and married with Korean at around December 2003 and lives in the Republic of Korea as a marriage visa.

1. The Defendant in violation of the Electronic Financial Transactions Act makes a proposal to lend a passbook, etc. to C to use for illegal money exchange, and received a loan from C with a fee for a passbook (Account Number: D) and a password opened in his/her name at the Seo-dong, Seo-gu, Incheon Metropolitan City on January 2012.

2. On February 27, 2012, the Defendant violated the Foreign Exchange Transactions Act, without registering with the competent authority, received KRW 4 million from E who wants to transfer money to the same account as that of the preceding paragraph at a closed place in Bangladesh, and paid the money, other than the fees, to a person designated by E on the spot through an infinite co-offender, in Bangladesh, to a person designated by E in the Republic of Korea.

In addition, from the above day to June 28, 2016, the Defendant received a total of KRW 1,823,777,800 on 818 occasions, as indicated in the list of offenses, and paid in the above manner in writing as “Dak” at the local site.

Accordingly, the defendant did not register and carried out foreign exchange business on payment and receipt between the Republic of Korea and a foreign country.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to F, G, H, and I;

1. Application of Acts and subordinate statutes to report internal investigation, deposit and withdrawal, details of account transactions, contents of text messages from mobile phones, records of seizure and the list of seizure;

1. Article 27(1)5 of the relevant Act and Article 27(1)5 of the Foreign Exchange Transactions Act, the main text of Article 8(1) (a) of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); Articles 49(4)2 and 6(3) of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 2015).

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