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(영문) 대구지방법원 2021.02.16 2020노3743

외국환거래법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12,000,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an imprisonment of six months, additional collection of KRW 1,250,830) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the determination of the grounds for appeal, the prosecutor examined the Defendant’s ex officio, and the period of the Defendant’s act of violating the Foreign Exchange Transactions Act from “from February 10, 2017 to March 4, 2019” to “from March 4, 2019,” and paid USD 1,859,630,620 in total amount of 1,89,620 won as shown in the attached Table 1 list of crimes, and paid KRW 110 in total as in the attached Table 2 list of crimes.

“A total of KRW 2,878,383,492 over 411 times, such as attached Table 1, paid USD 2,878,383,492, and paid KRW 2,641,792,30 over 386 times in total as in attached Table 2.

The judgment below is no longer maintained in this respect since it changed the object of the judgment upon permission by the court. The judgment below changed the object of the judgment by adding No. 270 to No. 411 per annum 1 to No. 411 per annum of the previous annexed crime list 1, and the object of the judgment by adding No. 1111 to No. 386 per annum of the sight of crime 2.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows after pleading.

[Grounds for the judgment in Seoul Eastern District Court sentenced the defendant to the punishment for the acquisition of stolen goods on August 27, 2015, and on December 13, 2015, the execution of the punishment was completed in the female prison on December 2015.

[2] Any person who intends to conduct foreign exchange business shall be equipped with capital, facilities and human resources sufficient for conducting foreign exchange business in advance as prescribed by Presidential Decree.