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(영문) 서울중앙지방법원 2014.07.09 2014고단2704
외국환거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 have sufficient capital, facilities and human resources for foreign exchange business and shall register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree.

Nevertheless, from January 19, 2005, the Defendant operated the “C” in the B B 26th floor of the Sincheon-gu, Sincheon-gu, China, operated the “C” from around January 19, 2005, deposited the money to be transferred from the person wishing to China into two accounts, such as the Defendant’s name bank account (Account Number D), one bank account (Account Number E), etc., in Korean currency, and transferred the money to the people except for the fee to the person wishing to be transferred in China. After depositing or directly receiving the money from the person wishing to transfer from the Chinese bank account in the name of the Defendant to Korea, the Defendant was willing to receive the money excluding the fee from the domestic account, such as the above national bank account in the name of the Defendant, etc., to the person designated to receive the money excluding the fee from the domestic account such as the Defendant’s bank account in the name of the Republic of Korea, or to receive the money directly by withdrawing and delivering it.

1. From April 5, 2013 to August 21, 2013, at around 13:18, the Defendant, in Korea, received a request from H to supply goods to China in China, and sent the price to China, the Defendant deposited KRW 2,800,000 into the national bank account under the name of the Defendant, and paid KRW 2,80,000 from April 5, 2013 to August 21, 2013, the Defendant paid KRW 570 total sum of KRW 971,325,474 from Korea to China, as shown in Appendix 1.

2. On April 11, 2013, the Defendant, on behalf of the Republic of Korea, transferred money to Korea from China, shall be Korea in China at around 11:36.

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