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(영문) 수원지방법원 2016.07.15 2015노6222

외국환거래법위반

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of suspended execution for one year of imprisonment, and seven million won of fine) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the defendant recognized the crime of this case and reflects the fact that the defendant discontinued the summons that he operated, and that the defendant has no record of crime in the Republic of Korea is favorable.

However, the crime of this case is an act of exchanging a foreign country in the form of a "repatition" and the nature of the crime is not good. The crime of unregistered foreign exchange transactions can be abused as a means of illegal or unlawful financial transactions, and the defendant's remittance amount to China exceeds 7.7 billion won, and the frequency of remittance exceeds 3,000 times, etc. are disadvantageous circumstances.

In light of such overall circumstances and the Defendant’s age, sex, environment, family relationship, motive and circumstance after the commission of the crime, etc., it is not deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.