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(영문) 전주지방법원 2020.11.04 2020고단1239
외국환거래법위반
Text

Defendants shall be punished by imprisonment for eight months.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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, as prescribed by Presidential Decree.

Nevertheless, without being registered with the Minister of Strategy and Finance, the Defendants received won currency from those who intend to exchange the Philippines Pess through the company bank account and C account in the name of Defendant A, and the D Bank account in the name of Defendant B, and paid them after deducting transaction fees from those who depart from the Philippines. The Defendants conspired to engage in the unregistered exchange business in a way that the Defendants divided the fees.

Accordingly, around May 1, 2018, Defendant B received total of KRW 35,100,000 from E to the bank account under the name of the Defendant, and issued 1,651,764 notes in the Philippines and exchanged them. From around that time to December 13, 2018, Defendant B received total sum of KRW 2,836,878,235 won in the same manner as indicated in attached Table I, II, and III, and paid a corresponding page in the same manner.

Accordingly, the Defendants conspired to engage in foreign exchange business without being registered.

Summary of Evidence

1. The investigation report (No. 48 No. 48) of the police suspect interrogation protocol by the Defendants on the Defendants’ legal statements, and the application of the law to the materials submitted (Adjustment of Trade Details) (the Defendants)

1. Article 27-2 (1) 1 of the Foreign Exchange Transactions Act, the main sentence of Article 8 (1), Article 30 of the Criminal Act, the choice of imprisonment with labor, and the selection of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. The object of confiscation and collection as provided for in Article 30 of the Foreign Exchange Transactions Act shall be foreign exchange and other means of payment which the offender acquired by the act in question and which the offender regulates under the Foreign Exchange Transactions Act;

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