외국환거래법위반등
All appeals filed by the defendant and prosecutor are dismissed.
1. The summary of the grounds for appeal is that the court below sentenced the defendant to a fine of KRW 20 million (the crime of KRW 1 at the time of sale) and a fine of KRW 70 million (the second crime at the time of sale). The prosecutor asserts that the court below's punishment is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.
2. We examine at the same time the defendant and the prosecutor's argument on the grounds of appeal on unreasonable sentencing.
The crime of gambling opening is a reason for sentencing unfavorable to the defendant, and there is a need to punish the crime of gambling more strictly than the crime of general gambling, and the defendant has not been subject to the degree of participation in each of the crimes of gambling opening in the crime of gambling opening in this case, such as taking charge of the overall external affairs of the casino, etc.
However, in full view of the fact that all of the crimes of this case are recognized by the Defendant, the balance with the general sentencing in the same or similar cases, the level of punishment for the accomplices of each of the crimes of this case, the crime of this case is concurrent crimes with the crime of violating the Foreign Exchange Transactions Act, etc. for which the judgment has become final, and the latter part of Article 37 of the Criminal Act, the punishment should be determined at the same time in consideration of equity in the case where the judgment is rendered pursuant to Article 39(1) of the Criminal Act, and other circumstances, such as the motive and circumstance of the crime of this case and the circumstances after the crime, are too heavy or unreasonable. Thus, the Defendant and the prosecutor’s above assertion are without merit
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.