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(영문) 인천지방법원 부천지원 2014.05.29 2014고단769
외국환거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Anyone who intends to conduct a foreign exchange business between the Republic of Korea and a foreign country, such as payment, collection and receipt, shall have sufficient capital, facilities and human resources for foreign exchange business and register them with the Minister of Strategy and Finance in advance

The defendant, without the above registration, tried to conduct foreign exchange business without registration by bringing in the foreign currency of a person who intends to transfer to the Republic of Korea in Japan and delivering it to the residents of the non-Korean country.

On May 30, 2012, the Defendant reported to the head of the Incheon Airport to carry 83,00,000 UN into the Incheon International Airport located in Jung-gu Incheon International Airport. Around that time, the Defendant sent 83,00,000 U.S. to B from the U.S. exchange office located in Jung-dong Seoul, along with the following methods: (a) from around August 24, 2012 to around August 24, 2012, the Defendant carried out an unregistered foreign exchange business by delivering the sum of KRW 16,62,362,620,350 (one hundred and sixty billion, one hundred and sixty million,00 U.S. dollars, and one hundred and sixty thousand U.S. dollars6,420) to non-Korean residents.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on criminal branch reports, immigration records, and investigation reports;

1. Relevant Article of the Act on Criminal Facts and the main sentence of Article 27 (1) 5 and Article 8 (1) of the Foreign Exchange Transactions Act, all of which shall be punished by imprisonment with prison labor;

1. The subject matter of confiscation and collection under Article 30 of the Foreign Exchange Transactions Act for the reason that no additional collection is made pursuant to Article 62(1) of the Criminal Act (the fact that the defendant repents his mistake in depth, the same kind of punishment, etc. in similar cases) refers to foreign exchange and other means of payment acquired by the criminal due to the act in question. This purport is that when foreign exchange, etc. is acquired by the criminal due to the act in which the criminal regulates under the Foreign Exchange Transactions Act, it shall be confiscated or collected, and the above "acquisition" refers to the time the criminal acquired it

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