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(영문) 서울중앙지방법원 2014.08.13 2013고정3833
외국환거래법위반
Text

Defendant

A A Fine of 50,000,000 won, Defendant B of 10,000,000 won, and Defendant C of 15,000,00 won, respectively.

Reasons

Punishment of the crime

Defendant

A is a person who resides in a Chinese light rain and operates a clothing purchase agency at the request of Defendant C, etc., Defendant B is an operator of domestic export and import agent chain G (representative H), Defendant C sells the clothing, etc. imported in China through I, a domestic Internet shopping mall, and J operates K in China.

1. Any person who intends to engage in the business of foreign exchange business of defendant A shall have sufficient capital, facilities and 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

Nevertheless, the Defendant purchased the clothing requested by C, L, etc., delivered them through K, and received the price through the distribution agent business, and did not use the account while receiving the price. A part of the Defendant’s account was opened at the request of M and N, which is the exchange business entity in China, and was managed and managed by the Defendant, and the Defendant transferred the information to the above M and N to manage it. If C, L, etc. deposited the price of goods into the domestic account, the Defendant would receive the corresponding people’s waste from China through M and N, and pay it to the remitter in Korea through M and N by means of cash withdrawal or account transfer, etc.

The Defendant, around August 11, 2007, remitted KRW 1,944,100 from the Defendant to the foreign exchange bank account in the name of P, and paid the People’s money corresponding thereto in China to the manufacturing factory of the clothing through M and N, etc. from August 10, 2006 to April 16, 2010, as shown in Appendix 1,378, totaling KRW 2,751,372,287 from August 1, 2006 to April 16, 2010, remitted KRW 2,751,372,287 to China from around December 31, 2007 to April 12, 2010 as shown in Appendix 2.

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