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Defendant
A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of six months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
"2019 Highest 8231"
1. The sole criminal conduct of Defendant A;
(a) No person who violates the Foreign Exchange Transactions Act shall export or import means of payment not less than 10,00 U.S. dollars or securities without filing a report or after filing a false report;
The Defendant proposed that C will pay for the purchase of foreign currency at the time of release from Korea to Japan. After accepting the proposal, C falsely reported and exported 9 million UN ($ 84,176,278,760, approximately 90,000,000,0000,0000,0000,00000,0000,0000,0000,0000,0000,0000,000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,000,0000,000,000,0000,000,000,000).
B. From December 12, 2018, the Defendant: (a) invested from the victim D, etc. with “the condition under which one point five to one point seven percent of the investment principal is guaranteed and the investment amount is paid three times a week in the name of profits; (b) transferred the money for exchange to E in the vicinity of the Chinese Marcaro casino; and (c) committed an “transfer” in the manner of delivering the money for exchange to E; and (d) paid the money for exchange to E in the manner of paying the profits through the said “transfer”; (b) on January 12, 2019, the Marcar bank account deposited KRW 95 million with the “transfer money” was decided by the local police of Marcaro; and (c) around January 24, 2019, the other F of the instant case caused the Defendant’s “transfer money” amounting to KRW 1150 million to KRW 15 million.
Nevertheless, the Defendant, around February 2, 2019, concealed the above facts from the victim D on February 2, 2019 and made a false statement to the effect that “the gold business is well doing, and the investment is trusted and made more,” and the Defendant’s name is the suspect around the 8th day of the same month from the above D.