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(영문) 서울남부지방법원 2015.10.14 2015고단3189
외국환거래법위반
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The defendant, in collusion with C residing in China, received the request of the customers who want to exchange Korean currency into Chinese currency and transfer it to China, and C received the request from the customers who want to exchange Chinese currency into Korean currency, and the defendant, B delivered or remitted the Korean currency directly from the customers to the customers who directed C, and C paid a certain amount of money transferred in return for the payment and receipt of foreign exchange in the way of depositing Chinese currency into the Internet banking account notified by B due to Internet banking, etc. in China.

Defendant and B employed Defendant and B as a so-called delivery book to pay benefits and deliver D, E, F, etc. to customers in Korean currency.

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

In collusion with B, D, E, F, C, and G, the Defendant did not register with the competent authority, but received KRW 500 million in cash from I at the J Exchange Station located in Yeongdeungpo-gu Seoul Metropolitan Government on May 9, 2014, and delivered it to Chinese customers according to C’s instructions, as well as from May 6, 2013 to May 9, 2014, the Defendant carried on foreign exchange business by paying and receiving the amount equivalent to KRW 2,219,647,00 in total over 223 times from May 6, 2013 to May 9, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect by the prosecution against the defendant, D, F, G, or B;

1. Statement to the prosecution of I;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of trade statements in the name of A or K);

1. Relevant Articles 27(1)5 and 8 of the Foreign Exchange Transactions Act concerning criminal facts;

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