Escopics
Defendant
Prosecutor
Oral smoke
Text
Defendant shall be punished by a fine of KRW 30,000,000.
When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.
In order to order the provisional payment of an amount equivalent to the above fine.
Criminal facts
Any person who intends to engage in foreign exchange business shall have capital, facilities and human resources sufficient for conducting foreign exchange business and shall register in advance with the competent authority (the Minister of Finance and Economy or the Minister of Strategy and Finance).
Nevertheless, the Defendant did not register with the competent authorities;
1. From February 8, 2007 to August 19, 2009, the sum of KRW 1,678,235,958, which Nonindicted 4, etc. intend to transfer from North Korean residents living in North Korea over 554 times to China, such as the cost of North Korean residents living in North Korea, is received through the Defendant’s Agricultural Bank Account (Account Number 1 omitted) and the Korean Bank Account (Account Number 2 omitted);
2. The Defendant, along with the Defendant, deposited and withdrawn money of KRW 3,06,521,683 won in total over 890 as shown in the attached Table 1 during the same period as indicated in paragraph (1) for the following period: (a) Nonindicted Party 2, China, designated by one of the 40 Chinese residents in cooperation with North Korea and North China’s transfer (one name “○○○”) and one of the Chinese residents (one name “△△△△△△△△”), and Nonindicted Party 3’s bank account (one account number 3 omitted); and (b) transfer KRW 1,388,285,725 to the Korean bank account (one account number 4 omitted).
A foreign exchange remittance business was conducted by mediating foreign exchange remittance business.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement on Nonindicted 5, 6, 7, and 8
1. Copy of each certificate of deposit transactions, copy of each details of financial transactions, abstract of details of each financial transaction, copy of each passbook, and details of each major transaction;
Application of Statutes
1. Article applicable to criminal facts;
Each of the former Foreign Exchange Transactions Act (amended by Act No. 8635 of Aug. 3, 2007), Articles 27 (1) 5, 8 (1) (attached Form 1 through 300) of the former Foreign Exchange Transactions Act (amended by Act No. 8635 of Aug. 3, 200), each of the former Foreign Exchange Transactions Act (amended by Act No. 8863 of Feb. 29, 2008), Article 27 (1) 5, Article 8 (1) (attached Form 301 through 311) of the former Foreign Exchange Transactions Act (amended by Act No. 9351 of Jan. 30, 200), each of the former Foreign Exchange Transactions Act (amended by Act No. 9351 of Jan. 30, 200), Article 27 (1) 5, Article 8 (1) (Attachment Form 312 through 627), Article 27 (1) 5 through 8 of the former Foreign Exchange Transactions Act (Attached No.
1. Selection of punishment;
Each fine;
1. Aggravation for concurrent crimes;
Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Attachment No. 634 of [Attachment No. 634] of the Criminal Act, among concurrent crimes with punishment prescribed in the crime of violation of the Foreign Exchange Transactions Act, with the largest sentence of punishment and punishment)
1. Detention in a workhouse;
Articles 70 and 69(2) of the Criminal Act
1. Order of provisional payment;
Article 334(1) of the Criminal Procedure Act
[Attachment]
Judges Kim Jong-hun