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(영문) 서울남부지방법원 2018.02.22 2017고합426
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Where anyone intends to conduct foreign exchange business, he/she shall prepare capital, facilities, professional human resources, etc. necessary for conducting foreign exchange business and register it with the Minister of Finance and Economy, as prescribed by Presidential Decree.

Nevertheless, on October 4, 2016, from around October 15, 2016 to around October 15, 2016, the Defendant received a request from C to exchange KRW 900 million with red bean (the so-called "recovering"), and paid USD 600,000,000 to a person whose name the Defendant’s name could not be known at a place where he was transferred to the Defendant’s account and where it is unknown to him.

The Defendant, without registering with the Minister of Strategy and Finance, engaged in foreign exchange business.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the examination of suspects of the accused and C by the prosecution;

1. Data on analysis of E and currency details of the mobile phone of the victim, the suspect C and the F dialogue contents of the suspect C and the mobile phone photograph, the current status of access by each individual of A, each photograph and name of the victim;

1. Application of Acts and subordinate statutes to a copy of investigation report (specific descriptions of the F Personal Information);

1. Article 27(1)5 and Article 8(1) of the former Foreign Exchange Transactions Act (amended by Act No. 14525, Jan. 17, 2017) applicable to the crime and 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fines of 50,000 to 2.7 billion won; and

2. Determination of sentence: A favorable condition that a fine is imposed on KRW 10 million: A crime of non-registered foreign exchange affairs shall impair transparency in foreign exchange transactions and fall under a serious crime that may be abused as a means of illegal or lawful transaction of capital, such as money laundering, smuggling, gambling, narcotics, etc.: The fact that the defendant reflects his mistake and that there has been no record of punishment for the same kind of crime except for those punished once by a fine so far;

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