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(영문) 대구지방법원 김천지원 2016.07.20 2016고단705
외국환거래법위반등
Text

Defendant

A Imprisonment with prison labor for one year and fine for 5,000,000 won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A acquired the nationality of the Republic of Korea by naturalization around September 11, 2006 as a ship yard. Defendant B is a ship of Chinese nationality, and the Defendants are married couple.

1. Any person who intends to conduct foreign exchange business in violation of the Foreign Exchange Transactions Act shall prepare sufficient capital and facilities for conducting foreign exchange business and register in advance with the Minister of Finance and Economy, as prescribed by Presidential Decree;

Nevertheless, the Defendants, while operating the “E” in Yeongdeungpo-gu Seoul Metropolitan Government, exported cosmetics to China, received the payment from Defendant A to the Chinese Seocho Bank account, deducted the fee from the clients who want to transfer the money to China from Korea, and agreed to conduct foreign exchange business without registering the corresponding Chinese information from the above Seocho Bank Cosmetics price account to the Chinese account designated by the clients in the form of a "refitation". Defendant A conspired to perform the role of purchasing and packaging the cosmetics ordered in China to the Chinese account designated by the clients, and Defendant A conspired to perform the role of distributing the same after receiving Korean won currency from the remitter to the above Seocho Bank Cosmetics price account designated by the clients, Defendant B purchased and packaged the cosmetics ordered in China to deliver it to the Chinese account.

According to the above public offering, around August 19, 2014, the Defendants received 300,000 won in cash from the clients for non-transfer in the above E “E” and deposited in the account (F) account of Defendant A with the fee deducted, and transferred, from Defendant A’s Seocho Bank account to the Chinese account designated by the clients, the transfer of the fact-finding in China corresponding to the amount of money from Defendant A’s Seocho Bank account to the Chinese account. From that time to January 15, 2016, the Defendants conducted foreign exchange business on 111 occasions in the same manner, as shown in the list of crimes in the attached list.

As a result, the Defendants conspired to do foreign exchange business without being registered with the competent authorities.

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