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(영문) 서울중앙지방법원 2017.06.14 2016고단9249
외국환거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

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

Nevertheless, the Defendant, under his own name, opened a bank account in Korea, and thought to handle foreign exchange affairs between Korea and China using each of the following accounts:

1. On August 17, 201, the Defendant, without registering the crime using the national bank account (D), received KRW 830,000 from E who wants to transfer from Korea to China from Korea to the above national bank account, deducted a certain fee, and paid the corresponding amount of fees to the non-resident in China designated by the person who requested the transfer of transfer of transfer, and paid the corresponding amount of money to the non-resident in China from July 16, 2016, and paid the corresponding money of KRW 13,692,447,960 in total over 4,885 times from that date, as shown in attached Table 1 of Crimes List of Crimes, until July 16, 2016.

In addition, on August 17, 2011, the Defendant engaged in non-registered foreign exchange business by remitting the sum of KRW 13,380,394,728 equivalent to that of the Chinese Republic of Korea, as shown in attached Table 1, until July 18, 2016, from among those who wish to transfer from China to Korea, to KRW 83,00,00, using the above national bank account in the name of the Defendant, and remitting KRW 83,00 to the account in the name of F, using the above national bank account in the name of the Defendant, and from that date, until July 18, 2016.

2. On August 26, 201, the Defendant committed a crime using the national bank account (G) and received KRW 1,500,000 from H who wants to transfer from Korea to China from Korea, from the said national bank account after deducting a certain amount of fee, and thereafter, paid the corresponding amount of money to the unpaid Chinese resident who was designated by the person who requested the transfer of transfer, and thereafter, extended 840 times from that date to January 2, 2016, as shown in Annex 2 of the List of Offenses Act.

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