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(영문) 서울남부지방법원 2013.05.09 2012고단4558
외국환거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months and a fine of up to seven million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant has operated a private house from September 2008 to June 2012 in the name of "B" from the People's Republic of China's Republic of China's Maka Special Administrative Region from the Maka Special Administrative Region.

Any person who intends to conduct foreign exchange business shall prepare sufficient capital, facilities, and expert human resources to conduct foreign exchange business and register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree.

1. On July 26, 2010, the Defendant, without registering, received KRW 5,00,000 from C to a new bank account (D) in his/her name, which wants to transfer from Makao in Korea using the Internet banking in the above B around July 26, 2010, and confirmed it, the Defendant paid USD 5,854,00 in the above amount from Maka to 9 May 2012 as well as from 123 times from Maka to 123 times, without registering by means of payment of approximately KRW 1.5% to 2% interest, and without registering by means of payment of approximately KRW 1.5% to 1.5% interest in payment, collection, and receipt between the Republic of Korea and a foreign country.

2. On July 30, 2010, the Defendant, without registering, received the Hong Kong dollars equivalent to KRW 7,000,000 in Korean won from E who wants to transfer money from Macar to Korea using the Internet banking in the above B, and operated a foreign exchange business on payment, collection and receipt between the Republic of Korea and a foreign country without registering a total of KRW 461,238,460 in total over 103 occasions from the date and time to May 9, 2012, as shown in the List of Crimes (2) as shown in the attached Table of Crimes (2).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Criminal facts;

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