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(영문) 수원지방법원 2019.07.18 2019노1313

외국환거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (three million won of a fine) is too unhued.

2. The crime of this case is deemed to have been remitted foreign currency to a foreign country by the method of exchanging unregistered assets. Such crime is used as a means of divulging illegal funds generated by Boscam or illegal gambling to a foreign country. It is necessary to punish the defendant strictly. The amount of foreign currency remitted to a foreign country by the method of refunding unregistered assets is not much 28,723,760 won in Korean won. However, the court below seems to have determined the punishment by considering all of the above sentencing factors.

In full view of these circumstances, the Defendant led to confession of and reflects in depth on the crime, the period of the Defendant’s crime is long, and the frequency of the crime is not much high, the Defendant has no record of punishment in the Republic of Korea, the Defendant’s refusal to repeat the crime, and other various sentencing conditions indicated in the instant pleadings, including the Defendant’s age, career, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the lower judgment cannot be deemed unreasonable because the sentence of the lower court is too uneasible.

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.