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(영문) 광주고등법원 (제주) 2016.05.11 2015노129
외국환거래법위반
Text

1. Of the judgment below, the part of the case against the defendant B is reversed.

(a) Defendant B shall be punished by imprisonment with prison labor for five years.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) In light of the fact-misunderstanding, misunderstanding of legal principles (as to the portion of acquittal in the lower court), - Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)-2014 high 219 high 2014 high 219, Chinese contract games at issue are foreign currency games, Defendant F was not registered as transfer sets, and Defendant F did not enter into a lawful transfer set contract with the casino, etc., it constitutes embezzlement by creation of typical funds.

B) It constitutes concealment of assets in order to evade creditors’ compulsory execution against W due to difficulties in the circumstance of W (hereinafter “W”)’s company’s evasion of compulsory execution.

2) The lower court’s sentence against the illegal Defendants [the 2 years of probation, 3 years of imprisonment, 8 years of imprisonment, 1 year of probation, 5 years of probation, 3 years of imprisonment, 1 year of probation, 3 years of probation, 1 year of probation, 3 years of imprisonment, 1 year and 6 months of imprisonment respectively, 3 years of probation, 3 years of probation, 1 year and 6 months of imprisonment] against the illegal Defendants. Since Defendant B is likely to repeat a crime, it is unreasonable to dismiss Defendant B’s request to attach an electronic tracking device.

B. Defendant B1) misunderstanding of facts (as to attempted murder), the Defendant did not intend to murder the victim.

2) The lower court’s improper sentencing is too unreasonable.

(c)

Defendant

D, G, I(1) misunderstanding of facts, misunderstanding of legal principles) AB (hereinafter “AB”) in order to continue to engage in W’s business in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “AB”) this first purchased casino fixtures, etc. and paid W’s rents, etc., and thus the intention of breach of trust or of unlawful acquisition cannot be recognized.

B) AJ has already concluded an agreement with AJ to use the instant transfer proceeds individually after receiving the instant transfer proceeds from AL, which was in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) - 2015 high 71, Defendant D and G.

AJ.

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