Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant .

A. The punishment of Defendant A (a fine of three million won) against Defendant A in the lower judgment is too unreasonable.

B. In light of the fact that Defendant A has withdrawn cash from the account under J’s name (related to Nos. 1 to 610, a year of crime sight table 1) and Defendant A has managed a money exchange facility that he operated after departure from China by the principal offender of the crime committed by transferring the name to China, even though the Defendant could have been recognized as aiding and abetting the crime of violating the Foreign Exchange Transactions Act by using the account under J’s name and Q’s account, the lower court acquitted the Defendants of this part of the charges. The lower court erred by misapprehending the legal doctrine. 2) In so determining, the lower court erred by misapprehending the legal doctrine, and thus, is unreasonable.

2. The judgment of the court below on the part against Defendant A

A. We examine the judgment ex officio prior to the judgment on the grounds for appeal by Defendant A and the prosecutor.

The prosecutor followed the facts charged of this case against the existing defendant A on the date of the second trial of the trial of the court.

In this regard, the part of the judgment of the court below against Defendant A should be reversed in its entirety, because this court changed the subject of the judgment by permitting it.

However, even if there is a reason to reverse ex officio as above, the prosecutor's assertion of mistake is still subject to the judgment of this court within the scope related to the modified facts.

We examine this in this paragraph.

(b) Any person who intends to engage in business of foreign exchange business of the substance of the modified facts charged shall operate foreign exchange business after being equipped with adequate capital, facilities and expert manpower and making registration with the Minister of Strategy and Finance under the conditions as prescribed

Nevertheless, the defendant is not registered with the Minister of Strategy and Finance, which is a real operator of the 'D' exchange center located in Seongbuk-gu, Sungnam-si.