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Defendant
B Imprisonment for one year, Defendant A shall be punished by a fine of 5,00,000 won, and Defendant C shall be punished by a fine of 1,00,000 won.
Reasons
Punishment of the crime
1. Defendant B
A. From March 6, 2018, the Defendant: (a) was aware of the fact that the cash amounting to KRW 5,5 million owned by the victimJ was stolen, and (b) delivered to the Defendant for Bohishing, the Defendant received KRW 3,500,000,000,000,000 from the account in the name of K, a person who operates the “H refund prior to the transfer,” located in G and 122; and (c) was sent from the account in the name of K, a person who was unable to receive the statement (one son’s birth) to the Chinese Construction Bank designated by the Plaintiff.
Accordingly, the defendant acquired stolens.
B. A person who intends to engage in foreign exchange business, such as payment, collection, and receipt, between the Republic of Korea and a foreign country, shall be equipped with sufficient capital, facilities, and professional human resources for conducting foreign exchange business and shall register with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree, the facts charged that “any person who intends to engage in foreign exchange business shall register with the Minister of Planning and Finance in advance after having equipped with sufficient capital, facilities, and professional human resources for conducting foreign exchange business, as prescribed by Presidential Decree.” However, since Defendant B obtained registration regarding “foreign exchange business” among foreign exchange business, he/she is clearly identified in violation of the Foreign Exchange Act (see, e.g., Supreme Court Decision 2014Do14364, Aug. 29, 2016). The facts charged are corrected ex officio to the extent that the Defendant’s defense right is not disadvantaged.
Meanwhile, through the amendment of the Act on January 17, 2017, Article 8(3)2 of the Foreign Exchange Transactions Act provides that a specialized foreign exchange dealer may engage in the business of “payment and receipt between the Republic of Korea and a foreign country and the purchase or sale of foreign currency incidental thereto” but Article 3-1 of the Foreign Exchange Transaction Regulations (Public Notice of Strategy and Finance No. 2018-12).