A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding twenty thousand won.

When the defendant does not pay the above fine.

Punishment of the crime

Any person who intends to engage in foreign exchange business, such as payment, collection, receipt, etc. between the Republic of Korea and a foreign country, shall prepare sufficient capital, facilities, and experts in foreign exchange business and register in advance with the Minister of Finance and Economy.

The Defendant, after deducting certain fees from the person who wants to remit money to China, received won money from the person who wants to transfer money to China, and transferred money to the Chinese bank designated by the clients, “recovering (the method of obtaining the effect of overseas remittance only by means of offsetting without changing the means of payment in collusion by two persons with mutual trust between countries)” (the method of obtaining the effect of overseas remittance by means of offsetting without changing the means of payment).

On April 30, 2016, the Defendant received Korean currency from the Defendant, operated by the Defendant, who wants to transfer money from the Plaintiff to China in the Republic of Korea, and operated the business of payment, collection, and receipt of foreign exchange between the Republic of Korea and foreign countries by means of acquiring approximately KRW 30 million interest, from the Chinese Construction Bank Account (K) in the name of the Defendant’s wife, to the Chinese bank account designated by the client through the applicant in the name of his wife, and from April 30, 2017, from that time to April 30, 2017, the Defendant remitted the sum of KRW 28,364,653,984 in total from April 30, 205 as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the results of analysis of personal phone data);

1. An investigation report (report on the acquisition of detailed data on deposit transactions), an investigation report (report on the acquisition of detailed data on deposit transactions -2), an investigation report (in addition to the record of detailed data on transactions of deposits in and out of overseas accounts);

1. Application of each protocol of seizure and each list of seizure to statutes;

1. Article 27(1)5 of the relevant Act and the former Foreign Exchange Transaction Act (amended by Act No. 14525, Jan. 17, 2017) regarding criminal facts.