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Defendant
A shall be punished by imprisonment with prison labor for eight months, by a fine of three hundred thousand won,00,000 won.
except that this judgment.
Reasons
Punishment of the crime
Defendant
A is the representative of E legal entity, a company specialized in overseas remittance, established in Australia, as a non-resident of the Australian nationality, and the defendant B is a legal entity established in the Republic of Korea on August 8, 2013 for the purpose of overseas remittance and brokerage service between the Republic of Korea and Australia (the closure of August 31, 2014).
1. A person who intends to engage in foreign exchange business concerning payment, collection and receipt between the defendant A and a foreign country shall have sufficient capital, facilities and professional human resources in conducting foreign exchange business and shall register with the Minister of Strategy and Finance in advance;
However, without registering with the Minister of Strategy and Finance, the Defendant engaged in a remittance agency between the Republic of Korea and Australia, and opened a website (F) and a smartphone display case (G) at around 2012, and received a request for transfer from many and unspecified persons who have connected the said website, etc., the Defendant was engaged in a foreign exchange business by means of a prompt title transfer method to be paid to the addressee of the Republic of Korea or Australia designated by him/her through the domestic account he/she prepared in advance.
After February 1, 2012, the Defendant: (a) received a request from H to the said website from Australia to the Republic of Korea; (b) paid KRW 2,942,500 to the domestic account designated by the said H via the domestic account he/she prepared; and (c) carried out foreign exchange affairs on receipt by remitting the amount of KRW 2,942,50,186 from February 1, 2012 to June 30, 2017, along with the file contents stored in the separate CD (a list of crimes 1 (a receipt was printed out respectively of the first and last parts of the file); (d) from February 1, 2012 to June 30, 2017, the Defendant transferred the amount of KRW 352,573 in total from Australia to the Republic of Korea to the Republic of Korea.
In addition, on April 26, 2012, the defendant is in advance requested from I to Australia, which was connected to the above website at a non-permanent place.