외국환거래법위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment with prison labor, three years of suspended execution, two million won of fine) is too uneased and unreasonable.
2. As in the instant case, unregistered foreign exchange business, such as the instant case, is likely to undermine transparency in foreign exchange transactions, disrupt national monetary policies, and abuse it as a means of illegal monetary transactions, and the Defendant runs unregistered money exchange business exceeding a total of 40.5 billion won under the term “recoveration” method. In light of the period, frequency, total size of money exchange, etc. of the crime, etc., the crime is disadvantageous to the Defendant.
On the other hand, it is more favorable that the defendant reflects his mistake, and that the defendant led the crime of this case or took most of the benefits from the crime, not the benefit of the crime of this case, but the defendant received benefits according to the direction of the principal offender B and took part in the crime as an accomplice.
In addition, comprehensively taking account of the sentencing balance with the same crime, the background of the crime in this case, the circumstances after the crime, the age, character and conduct, and environment of the defendant, etc., as well as the various sentencing conditions shown in the records and arguments, the prosecutor's assertion is without merit, since the court below's punishment is too unjustifiable.
3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.