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The judgment below
The part of the forfeiture shall be reversed.
Of subparagraph 4 of seized evidence, one passbook (Account Number: D) in the name of the National Bank in C.
Reasons
1. Summary of grounds for appeal;
A. The court below erred by misapprehending the legal principles as to the mistake of facts or the seizure of 1,582 Nos. 1,582 (Evidence No. 1), 1,600 (Evidence No. 2), 6 pages of our bank passbook No. 3 (Evidence No. 3), 3 copies of passbook No. 4 (Evidence No. 4), 5 pages of one bank passbook No. 5 (Evidence No. 6), 1 of new bank passbook No. 7 (Evidence No. 7), 1, 582 (Evidence No. 8), 1 (Evidence No. 8), 1 (Evidence No. 9), 1 (Evidence No. 9), 17 (Evidence No. 10), 17 (Evidence No. 10), 17 (Evidence No. 10), which had been provided or attempted to be provided, but the court below erred by misapprehending the legal principles as to the above goods.
B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, two years of suspended execution, confiscation) is too unreasonable.
2. Determination
A. Determination of misunderstanding of the facts and misapprehension of the legal principles 1) The summary of the facts charged in this case is that the Defendant entered Korea as a travel visa around May 1996 and married with Korea around December 2003 and lives in Korea as a marriage visa.
A) The Defendant, in violation of the Electronic Financial Transactions Act, proposed to lend a passbook, etc. to C to use for illegal exchange. On January 2012, 2012, the Defendant was given a loan to C with a fee for a passbook (Account Number: D) and a password opened in his/her name from C.
B) On February 27, 2012, the Defendant violated the Foreign Exchange Transactions Act, without registering with the competent authority, received KRW 4 million from E who wants to transfer money in Bangladesh to the same account as that of the preceding paragraph at a closed place in Bangladesh on February 27, 2012, and paid the money, excluding the fee, to a designated person in Bangladesh via an uninfinite accomplice.