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(영문) 서울중앙지방법원 2020.01.22 2018고단6416
외국환거래법위반
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Where a resident intends to trade with a nonresident on the accrual, etc. of claims pursuant to a sales contract for means of foreign payment and claims, he shall report it to the Governor of the Bank of

Nevertheless, on March 2, 2016, the Defendant, without filing the aforementioned report, transferred to D (hereinafter “D”) claims equivalent to KRW 9,775,910,000 against C Co., Ltd. (hereinafter “C”), the husband of which was entitled to qualified acceptance of the Plaintiff’s net B’s property at the Seoul Family Court on December 31, 2013 (hereinafter “C”).

Accordingly, the Defendant did not report to the Governor of the Bank of Korea on the assignment of claims.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of the defendant by some prosecutor's suspect interrogation protocol against the defendant and the police interrogation protocol of some police officers E;

1. The Seoul Family Suspension Act 2013 Gazers9635, a written judgment of limited recognition, and a written notice of assignment of claims;

1. Determination as to the defendant and his/her defense counsel's assertion on the complaint, investigation report (examination report on the E data submitted)

1. Summary of the assertion

A. The Defendant’s act of transferring the instant claim to D around March 2, 2016 constitutes a security contract and has no obligation to report capital transactions under the Foreign Exchange Control Act.

B. Only in the case of sales contract or security contract for claims denominated or payable in foreign currency between residents and non-residents, the act of transferring the claims of this case, which are claims in Korean won, does not constitute capital transactions or other capital transactions subject to reporting, and the Bank of Korea also provides information on the website, even if the above bond transactions constitute a violation of the Foreign Exchange Transactions Act, the defendant has no intention to report.

2. In full view of the evidence duly admitted and examined by this Court, the following facts are recognized:

A. The Defendant.

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