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(영문) 서울남부지방법원 2016.07.15 2015노2089
외국환거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) follows: (a) the Defendant recognized and reflected the instant crime; (b) the Defendant committed the instant crime at the request of the co-defendant A, known to the general public by the court below; and (c) the Defendant was forced to commit the instant crime without any choice to prepare expenses for the outside-man hospital; (b) the frequency of the instant crime; (c) the profits earned by the Defendant (70 million won); and (d) there are restrictions on the Defendant’s employment when the suspended sentence becomes final and conclusive; and (b) the sentence imposed by the court below (4 months and one year of suspended sentence) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, ① the violation of the Foreign Exchange Transaction Act is generally connected to illegal or unlawful financing transactions, so strict countermeasures are required. ② The period of the instant crime exceeds three years, and the number of times is less than three.

In light of the various sentencing conditions in the instant case, such as the fact that it cannot be said that there is no difference between the sentencing conditions of the lower court and the fact that most of the circumstances alleged by the Defendant are already reflected in the sentencing of the lower court on the grounds that no new sentencing data was submitted in the first instance court, and the full amount of the refund due to the instant crime, the age, conduct, character, intelligence and environment of the Defendant, relationship with the victim, motive, means and consequence of the instant crime, etc., the lower court’s sentencing does not seem to have exceeded the reasonable scope of its discretion.

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

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