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(영문) 수원지방법원 안양지원 2019.11.28 2019고단1910
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 conduct foreign exchange business shall prepare sufficient capital, facilities and professional human resources for conducting foreign exchange business and register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree, and shall not conduct foreign exchange business without registration.

On October 1, 2014, the Defendant, without registering foreign exchange business, received KRW 400,000 from a person who wants to engage in foreign exchange transactions with China at the office “C” located in Mapo-si B, Si, Mapo-si, and conducted foreign exchange business by proxy in the amount of KRW 99,69,882,566, which is the sum of KRW 3,636,00,00 in total, as described in the List of Offenses (1), to the Internet banking site connected to three Chinese bank accounts under the name of the Defendant (F Bank G, H Bank I, and F BankK in the name of the Defendant) managed by the Defendant.

In addition, on October 14, 2014, the Defendant received KRW 10,000 from North Korean defectors who want to transfer money to China and received KRW 700,000 per remittance fee from KRW 10,000,000 from the said Chinese bank account managed by the Defendant, and transferred the transfer of money to China through three of the above Chinese bank accounts designated by L, using three of the above Chinese bank accounts managed by the Defendant, and was engaged in an agency business for payment of foreign exchange equivalent to KRW 53,513,00 in total over 58 times, as described in the List of Offenses (2) by January 30, 2019.

In this respect, the defendant carried out unregistered foreign exchange business on behalf of the payment agent of China.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the investigation report (including on-site photographs, etc. of a mutually referred office), a copy of the investigation report (mutually referred to as “C,” the verification of a refunded company), an investigation report [specific foreign exchange business information, personal immigration status, and personal immigration status.]

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