Defendant shall be punished by a fine of 20 million won.

The above fine shall not be paid by the defendant.

2. The crime of this case is highly likely to be abused as a means of illegal or unlawful financial transactions, such as money laundering, smuggling, gambling, transfer of narcotics funds, etc., by impairing the transparency of foreign exchange transactions. It is not good that the crime of this case is likely to be abused as a means of money transaction.

In addition, the amount of unregistered foreign exchange handled by the defendant over one year and three months is about 35 billion won, and the number of times exceeds 680 times.

However, the defendant is divided into his wrongs, there is no same kind of crime, and it seems that he is not a criminal who has been specialized refunded.

In addition, considering the frequency and period of unregistered foreign exchange transactions, the amount of transactions, age, character and behavior, environment, background of crimes, degree of the crime, circumstances after crimes, etc., the court below's punishment is somewhat inappropriate.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

[Discied Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are all the same as the entries in the corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 27 (1) 5 of the Foreign Exchange Transactions Act, the main sentence of Article 8 (1), Article 30 of the Criminal Act, and the selection of fines for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;