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(영문) 서울중앙지방법원 2014. 8. 22. 선고 2014고정327 판결
[외국환거래법위반][미간행]
Escopics

Defendant 1 and one other

Prosecutor

Pursuant to the nature and effect of the indictment, and the trial on the real right.

Defense Counsel

Law Firm, Attorneys Gangnam-gu et al.

Text

Defendant 1 shall be punished by a fine of KRW 30 million and by a fine of KRW 100 million, respectively.

When Defendant 1 fails to pay the above fine, Defendant 1 shall be confined in a workhouse for the period calculated by converting KRW 100,000 into one day.

To order the Defendants to pay an amount equivalent to the above fines.

Criminal facts

Defendant 2 Co., Ltd. is a corporation established for the purpose of manufacturing, processing, selling, etc. of non-metallic metals located in Jung-gu Seoul ( Address 3 omitted). Nonindicted 13 is the executive director of Defendant 2 Co., Ltd. who has overall control over the business of the company’s funds, accounts, etc., and Defendant 1 is the domestic agent of the U.S. Non-Indicted 1 for the purpose of

1. Joint criminal conduct between Defendant 1 and Nonindicted 13

Where it is intended to trade capital on the accrual, alteration or extinction of claims pursuant to a monetary lending contract between residents and non-residents, it shall be permitted by the Minister of Strategy and Finance or reported to the Minister of Strategy

Nonindicted 13 conspiredd to borrow foreign currency funds through Defendant 1’s good offices, due to the difficulties of normal foreign currency loans in financial sphere due to global financial crisis, to import goods from Nonindicted Company 1 working for Nonindicted Company 3 and export them to Nonindicted Company 2 in Singapore, which is the subsidiary of Nonindicted Company 1 in the United States.

Defendant 1 received false sales contract and seal, etc. necessary for the issuance of the import letter of credit and the settlement of the export price from Nonindicted 3 and delivered them to Nonindicted 13. On December 18, 2008, Nonindicted 13, based on the above documents, opened an import letter of credit with a period of 180 days in the name of Defendant 2, which is the beneficiary of Nonindicted Company 1 in the name of Defendant 2, and Nonindicted 3 created USD 4,841,315, which is the amount calculated by deducting interest, profit, etc. from the funds negotiated with the above letter of credit, with the U.S. bank located in the United States of America.

Defendant 1, in collusion with Nonindicted 13 on December 30, 2008, borrowed an amount equivalent to USD 4,841,315 ($ 6,511,569,267) created by Defendant 2 from Nonindicted Company 1 in the same manner as in the separate crime list from March 18, 2009, from that time, Defendant 1 borrowed USD 14,512,05 ($ 20,510,295,212) in the same manner on three occasions, such as in the separate crime list, and borrowed USD 14,512,05 ($ 20,510,295,292), without obtaining the permission of the Minister of Strategy and Finance, and the list 2 and 3 of crime list were not reported to the Minister of Strategy and Finance.

2. Defendant 2 corporation

The Defendant, who is an employee of the Defendant at a time under Paragraph (1) above, borrowed foreign currency funds from the Defendant by pretending to relay trade as above in connection with the Defendant’s business, thereby violating the Foreign Exchange Transactions Act.

Summary of Evidence

1. Legal statement of Defendant 2, Defendant 1’s partial statement

1. Each prosecutor's protocol of interrogation of Nonindicted 13 as to Nonindicted 13

1. The police statement of Nonindicted 14

1. Investigation report (second time), investigation report (fourth time), investigation report (in the investigation records of the company, other than the public prosecution, a copy of the relevant parts and a binding report after the completion of the relevant parts);

1. A detailed suspicion of the suspected company, the issuance of a letter of credit for the suspected company, the settlement of accounts, and the delivery of copies of the paper, and the submission of documents by Defendant 2 stock company;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant 1: Articles 27(1)10 and 18(2)2 of the former Foreign Exchange Transactions Act (amended by Act No. 9351, Jan. 30, 2009; hereinafter “former Foreign Exchange Transactions Act”); Article 30 (Unauthorized Capital Transactions) of the Criminal Act; Articles 29(1)6 and 18(1) of the Foreign Exchange Transactions Act; Article 30 (Occupancy of Unreported Capital Transactions); Selection of fines

(b) Defendant 2 Stock Company: Articles 31, 27(1)10, 18(2)2 (unauthorized capital transaction) of the former Foreign Exchange Transactions Act, Articles 31, 29(1)6, and 18(1) (unreported capital transaction) of the same Act

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Defendant 1: Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

[Attachment]

Judges Park Young-young

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