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(영문) 대구지방법원 2016.09.20 2016고단3497
외국환거래법위반
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to engage in foreign exchange business shall prepare sufficient capital, facilities and human resources for foreign exchange business and register in advance to the Minister of Finance and Economy, as prescribed by Presidential Decree.

The Defendant operated a mutual gambling in the Escar special administration autonomous Gu of the People's Republic of China, which is called "B", and had the Korean tourists to engage in foreign exchange business (hereinafter referred to as "defluence").

1. From November 7, 2014 to March 6, 2015, the Defendant did not register the violation of the Foreign Exchange Transactions Act, and around November 13:13, 2014, from a person (the nominal owner: C) who wants to remit 10 million won from Korea to a single bank account under the name of the Defendant, and after deducting a certain fee, paid Magas an equivalent red bean equivalent thereto. From November 7, 2014 to March 6, 2015, the Defendant paid 1,345,837,00 won in total over 124 times in total, and deducted a certain fee, and then paid Mada red bean equivalent thereto.

In addition, on November 10, 2014, the Defendant received USD 10,000 from a person (the nominal owner D) who wishes to remit money from Mcar to Korea on November 13:18, 2014, and transferred KRW 10,000,000 to a national bank account in the name of D using the above one bank account in the name of the Defendant, as well as wired money to the national bank account in the name of D. From November 10, 2014 to March 7, 2015, the Defendant conducted non-registered foreign exchange business at least 172 times in total, such as (1-2),458,410,710 won, and wired money equivalent thereto.

2. On August 22, 2015, the Defendant violated the Foreign Exchange Transactions Act using a post office account, in return for a remittance from a person (title holder: E) who wishes to transfer money from Korea to a post office account in the name of the Defendant, and after deducting a certain fee.

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