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(영문) 광주지방법원 순천지원 2018.08.20 2017고단2396
외국환거래법위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of twenty thousand won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd is located in Jongno-gu Seoul Metropolitan Government and the second floor, and is a company that engages in oil wholesale business, retail business, brokerage business, etc., and the defendant A is the representative director of the company.

Defendant

B In the event that a corporation directly sells vessel fuel oil supplied by the oil company to the domestic oil broker, a tax invoice was issued, and thereafter the above broker was finally disclosed at the time of resale of the above vessel fuel oil to the company, so the above broker’s purchase of the above vessel fuel oil directly from the above company was known to the effect that Defendant A only exists in a foreign document, and Defendant A only establishes an overseas bank account under the name of the oil company and opened an overseas bank account under the name of the oil company to make the above broker deposit the above vessel fuel purchase price into the above account, and thereby, Defendant A established and registered an old company with the trade name “D” in the Hong F1, China.

1. Where a resident A intends to trade foreign currency deposits with a nonresident abroad, he/she shall report thereon to the head of a designated foreign exchange bank;

On February 2, 2016, the Defendant: (a) opened a deposit account (Account Number:F) in the name of “D” under the name of “D”, even though Defendant B Co., Ltd., a resident, was a non-resident, even after having traded red bean overseas currency deposits; (b) deposited USD 131,532.10 ($ 158,956,542 equivalent to USD 158,542), which was received from “G, a oil broker, in March 7, 2016; and (c) deposited the same into the said account from May 10, 2017; and (d) deposited the amount of USD 7,952,705,705.73 ($ 9,089,589,610 equivalent to KRW 610) in total on 105 occasions as indicated in the attached list of crimes.

As a result, the defendant does not report to the head of the designated foreign exchange bank and abroad.

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