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(영문) 서울중앙지방법원 2019.07.04 2019고정542
외국환거래법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Criminal facts

1. The defendant A is the representative director of the corporation B, the purpose of which is to develop programs and software for mobile communication equipment and money exchange business in Gangnam-gu Seoul Metropolitan Government 4, who operates the above company.

On the other hand, a person who intends to engage in foreign exchange business shall prepare sufficient capital, facilities and human resources for foreign exchange business and register such business with the Minister of Strategy and Finance in advance, as prescribed by Presidential Decree.

Nevertheless, the Defendant, while operating a corporation B, received an application for exchange from a consumer who mainly runs on the Internet site or mobile display, and deposited won into a domestic corporation account with only the Republic of Korea and only the Republic of Korea, delivered USD 10,000 to the corresponding amount, and when he received deposit of USD 10,000 to the account of a local corporation, he was able to engage in the remittance business by paying the equivalent amount of USD 10,000 in Korea.

Accordingly, on August 4, 2017, the Defendant received KRW 101,100 from the person who requested to exchange won currency into USD 100,00 and delivered USD 101,100 to the D Bank account of the original Republic of Korea, and thereafter, delivered USD 10,000 from the original Republic of Korea to the Republic of Korea. From that time, the Defendant received KRW 1,55,079,813 in total at 2,681 times until June 11, 2018, as stated in the attached Table 1, and operated a non-foreign exchange business by acquiring KRW 15,550,797 in the name of the Republic of Korea and a foreign country in the form of payment from USD 15,50,797 in the name of the commission.

In addition, on August 25, 2017, the Defendant received USD 3,506 from the requester who wants to exchange USD 10,00 in Korean won to the account of the local juristic person of Taiwan and transferred the corresponding amount to the above requester's account.

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