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(영문) 서울남부지방법원 2018.07.19 2018고단2673
외국환거래법위반
Text

A defendant shall be punished by imprisonment for one year and a fine of thirty thousand won.

However, the term of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to engage in foreign exchange business shall prepare sufficient capital, facilities and human resources for conducting foreign exchange business and register in advance to the Minister of Finance and Economy with him/her, as prescribed by Presidential Decree.

Nevertheless, the defendant, without being registered with the Minister of Finance and Economy, engaged in the following foreign exchange affairs:

1. On September 17, 2016, the Defendant received an amount of KRW 22,50,000 from the new bank account (Account Number: C) in the name of the Defendant’s name against a person who wants to exchange Korean won currency from the Maka-si, China to Spanish (Korean won): from January 13, 2016 to October 1, 2017, the Defendant paid a fee equivalent to USD 22,50,000 at one bank account in the name of the Defendant; and paid a fee by applying the exchange rate at the time; and paid USD 1 in the attached Table of Crimes (1) from January 13, 2016 to October 1, 2017, the Defendant deposited the above one bank account or corporate bank account (Account Number: F) at KRW 546,746,750,500, and paid the corresponding USD.

2. On December 21, 2015, the Defendant received fees from a person who wishes to exchange USD 3,676,685,757 won from the Austria located in China on December 21, 2015 to the Korean won, and immediately transferred KRW 5,700,000 in Korean won to a company bank account in his/her name (Account Number:F) using the bank account in his/her name (Account Number: H) and then to transfer KRW 5,70,000 in Korean won, applying the exchange rate at the time of G (Account Number: H) from the bank account in his/her name, and from December 21, 2015 to October 18, 2017, the Defendant paid the equivalent amount of USD 3,67,685,757 won to the Korean won by using the above company bank and one bank account in his/her name.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning I, J, K, and L;

1.A report (the account specified in the crime of exchange operation);

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