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(영문) 서울중앙지방법원 2018.05.31 2018고정185
외국환거래법위반
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

Any person who intends to engage in foreign exchange business shall prepare sufficient capital, facilities and professional human resources for conducting foreign exchange business and register in advance with the Minister of Finance and Economy, as prescribed by Presidential Decree.

The Defendant, at the office of "D" in Jung-gu Seoul, Jung-gu and 2, was engaged in business, such as selective transfer and subscription for flight machines, and was willing to engage in foreign exchange affairs using the "refit account", which is a method of settling accounts without the transfer process, such as payment of a certain amount of fees, through a person whose name in KIKO is unknown after receiving a Korean currency deposit from the person who wants to remit money to KRStan, and then receiving a certain amount of fees.

On March 5, 2015, without registering foreign exchange business, the Defendant received a request for remittance from the “E” that intends to remit money from the said office to KIKO, and deposited KRW 895,00 in the Korean bank account (G) of the name of “F,” and the Defendant acquired KRW 0.4% of the deposit amount as commission and the Defendant had a person who is not known in Turkey pay the KIKO equivalent to the above amount from around that time to March 31, 2017, and received KRW 4,76,453,469 in total in the above bank account, etc. and paid KRW 190,005,00 in total under the name of the fee.

Accordingly, the defendant paid and received money between Korea and KIKO Switzerland, and the defendant conducted unregistered foreign exchange business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the accused (two times, three times);

1. Seizure records;

1. Application of Acts and subordinate statutes by capturing each mobile phone text;

1. Relevant legal provisions and the former Foreign Exchange Transaction Act (amended by Act No. 14525, Jan. 17, 2017) regarding criminal facts.

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