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(영문) 서울서부지방법원 2015.04.23 2015노259

외국환거래법위반

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this shall not apply.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The fact that the Defendant committed the instant crime during the period of suspension of execution, and the so-called “transfer” crime in which the Defendant participated is likely to impair transparency in foreign exchange transactions and be abused as a means of illegal or unlawful financial transactions, and 35 exchange accounts were used for the commission of the crime. The 3.2 billion won is not less than those of the crime, such as illegal transfer to China in the Republic of Korea, and the Defendant introduced it to C, who is no longer capable of serving as a liability for cash withdrawal and remittance while leaving the Republic of Korea as China.

However, the following facts are the circumstances favorable to the defendant: (a) the defendant led to the confession of the crime of this case; (b) the defendant has no record of being punished for the same kind of crime; (c) the period during which the defendant participated in the crime of this case is relatively short; (d) the defendant was detained for about three months; and (e) A was sentenced to a suspended sentence in the lower court with the total Korean liability for the unregistered money exchange business; and (e) A was sentenced to a suspended sentence in the lower court.

In addition, considering the Defendant’s age, character and conduct, environment, family relationship, motive and background of the instant crime, means and consequence of the instant crime, etc., the sentence of the lower court is unreasonable, taking into account all the conditions of sentencing indicated in the instant records and arguments, such as the circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;