beta
(영문) 서울서부지방법원 2018.05.03 2017노1563

외국환거래법위반

Text

The Defendants’ appeal is dismissed.

Reasons

1. The appellate court’s sentence (Defendant A70 million won, Defendant B 15 million won) against the Defendants on the summary of the grounds for appeal is too unreasonable.

2. The defendants showed the attitude of recognizing and opposing the crime of this case, and the defendant A did not have the same criminal record and the defendant B was the first offender, etc. are favorable circumstances.

However, the crime of unregistered foreign exchange affairs, such as the instant case, can be abused as illegal or legal means of money transactions, such as money laundering, smuggling, gambling, and transfer of narcotics funds, and thus, it is necessary to severely punish those who participated in the crime.

The lower court already determined punishment within a reasonable scope by fully taking into account the circumstances surrounding the sentencing of the Defendants, such as the number of foreign exchange transactions in this case, the amount of transactions, the period of the crime, the age, sexual conduct, motive and background of the crime, and the circumstances after the crime. As such, the lower court did not recognize that the sentence of the lower court is too unreasonable even considering the circumstances asserted by the Defendants on grounds of appeal.

Therefore, the defendants' argument of sentencing is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.