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(영문) 인천지방법원 2015.11.05 2015고단6082
외국환거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Any person who intends to engage in foreign exchange business shall prepare capital, facilities and professional human resources sufficient for conducting foreign exchange business and register such business with the Minister of Strategy and Finance in advance.

The Defendant, without being registered with the Minister of Strategy and Finance, from July 16, 2014 to September 8, 2015, opened a mutual office of “E”, such as one computer, one FAX machine, one crushing machine, and one credit cooperative, at the Defendant’s residence of Jongno-gu Seoul Metropolitan Government D Apartment-dong 2101, with the intent to conduct a non-registered foreign exchange business (hereinafter referred to as “one-registered foreign exchange”) according to F’s instructions operating a non-registered foreign exchange business (hereinafter referred to as “E”) in the Chinese non-permanent area. The Defendant received cash from the non-known name who requested the transfer from the Chinese bank account (hereinafter referred to as “one-known”) and transferred the money equivalent to 0.25% of the remittance amount to the Chinese bank account designated by the above FF, and paid the money to the remitter 297% of the total amount of remittance amount to the Chinese Government account designated by the Defendant 25% of the total amount of money transferred from the Chinese Government account (hereinafter referred to as “E”).

Accordingly, the defendant, without being registered with the Minister of Strategy and Finance, carried out incidental business directly and closely related to the payment, collection and receipt between the Republic of Korea and foreign countries.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the Prosecution's Examination of the Defendant (G)

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