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(영문) 춘천지방법원 2019.10.17 2018고단864 (1)
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Any person who intends to conduct foreign exchange business, such as transaction, payment, receipt, etc. between the Republic of Korea and a foreign country, shall prepare sufficient capital, facilities and human resources to conduct foreign exchange business and register it with the Minister of Strategy and Finance in advance

Nevertheless, on March 17, 2018, the Defendant, without registering foreign exchange business, received cash of KRW 25,000,000 from E, which is the cash withdrawal book of the telephone financial fraud organization, from E, which is the cash withdrawal book of the Seoul Jongno-gu Seoul Jongno-gu Office, and approved the request for transfer of money equivalent to the same amount to the Chinese bank account (H) opened in the name of F, which was designated by him/her, and then, allowed it by receiving a request for transfer of money equivalent to the same amount (i.e., "one-time method of exchange"), and then remitted money equivalent to the above amount to the Chinese bank account opened in the above F name from that point to that point.

7. By the time of May, 15, the sum of KRW 268,963,720 in total nine times as shown in the annexed list of crimes (5) was drawn up and remitted to the Chinese bank.

Ultimately, the Defendant, as seen above, engaged in a foreign exchange business without registration with a single name “Refluence Act.”

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against the defendant, I and J;

1. A protocol concerning examination of a part of the prosecution against E, K, or L;

1. Application of the Act and subordinate statutes to investigation reports (the circumstances in which the E was exchanged into M and A, 150), investigation reports (the details of transfer by A), 197), investigation reports (the attached list of crimes in violation of the Foreign Exchange Transactions Act, Serial 199);

1. Relevant Article 27-2 (1) 1 and the main sentence of Article 8 (1) of the Foreign Exchange Transactions Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The Defendant’s reason for sentencing under Articles 32(1)3 and 25(3)4 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order, was to engage in unregistered money exchange business, resulting in the occurrence of singing damage.

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