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(영문) 대구지방법원 서부지원 2016.01.21 2015고단2247
외국환거래법위반등
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

The defendant is a foreigner of Cambodia's nationality, and a non-professional employment (E-9-2, construction business) who was issued on July 20, 201 and entered Korea on July 20, 201, and has been staying in Korea until now.

1. Any person who intends to engage in foreign exchange business in violation of the Foreign Exchange Transactions Act shall prepare sufficient capital, facilities and human resources for conducting foreign exchange business and register with the Minister of Finance and Economy in advance;

The defendant did not register the above foreign exchange business without using a corporate bank account (C) in the name of the defendant and a corporate bank account (E) opened in the name of the same nationality as that of the defendant, which was known to the defendant, in the name of the defendant, and received money from Cambodia in the Republic of Korea on behalf of the defendant, and received money from Cambodia in the Republic of Korea through the so-called "repathing machine", and received money equivalent to KRW 8 million with interest of KRW 1 million and KRW 12,000 with interest of KRW 2 million from them.

Accordingly, on August 18, 2011, the Defendant deducted certain fees from the deposit of money to Cambodia, and then remitted money to a domestic account designated by the Organizational Personnel residing in Cambodia, and made the said Cambodia’s member to pay the relevant remittance amount to the addressee in Cambodia designated by the person requesting the remittance, as shown in the list of crimes, and carried out foreign exchange affairs worth KRW 10,567,116,387 in total over 7,678 times from November 11, 2015, as shown in the list of crimes.

Accordingly, the defendant did not register with the Minister of Strategy and Finance, but did foreign exchange business.

2. No person who violates the Electronic Financial Transactions Act shall borrow any access medium for receiving any consideration in using and managing the access medium necessary for electronic financial transactions;

Nevertheless, Defendant 1 is in the Hansan-si's Kuldong, Gyeonggi-do, on March 2013, for the purpose of using it in the transaction of business funds for the so-called "dition flag" as above.

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