beta
(영문) 대전지방법원 2015.10.06 2015노637

외국환거래법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (fine 25 million won) on the gist of the grounds of appeal is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the Defendant’s previous absence of the foregoing, the confession of the Defendant, and the fact that the Defendant is a class 3 disabled person.

B. Meanwhile, in light of the fact that the crime of foreign exchange without registration, such as the crime of this case, is highly likely to undermine transparency in foreign exchange transactions and be abused as a means of illegal financial transactions, and the size of the money exchanged by the defendant is considerable and there are many profits generated therefrom, it is necessary to punish the defendant significantly.

In addition, considering all sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.