The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

The judgment of the court below which did not collect 751,175,500 won equivalent to foreign exchange acquired by the defendant from the crime of this case, is erroneous in the misapprehension of legal principles as to additional collection, which affected the conclusion of the judgment.

The sentence of unfair sentencing (ten months of imprisonment and two years of suspended execution) by the lower court is too unfeasible and unfair.

Judgment

The confiscation and collection under Article 30 of the Foreign Exchange Transactions Act, which is alleged in the misapprehension of the legal principle, constitute necessary confiscation and collection in light of the purport of the provision, etc. (see, e.g., Supreme Court Decision 96Do2850, May 12, 1998). The reason for confiscation and collection, such as whether it is subject to confiscation or whether it is subject to confiscation or whether it is equivalent to the amount of additional collection, is not related to

(see, e.g., Supreme Court en banc Decision 2005Do9858, Apr. 7, 2006). In light of the above legal principles, the following circumstances are acknowledged according to the evidence duly adopted and examined by the Health Team, the original judgment, and the trial court.

Each of the crimes of this case is a foreign exchange business conducted by the defendant without registering foreign exchange transactions, by transferring money from the foreigner of Indian nationality who wants to transfer money to India while residing in the Republic of Korea or the company that wants to transfer money to India, to the addressee designated by him, etc. In light of the legislative purport of Article 30 of the Foreign Exchange Transactions Act, the contents of the text and text thereof, etc. In light of the legislative purport of Article 30 of the Foreign Exchange Transactions Act, the subject of the necessary confiscation and additional collection means foreign exchange acquired by the criminal due to the pertinent act and other payment means, etc., which means either confiscation or collection when there is foreign exchange acquired by the criminal due to the pertinent criminal act regulated by the Foreign Exchange Management Act. Thus, the amount of money transferred to the addressee