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(영문) 서울중앙지방법원 2014.09.04 2014노1667
외국환거래법위반등
Text

The judgment below

All part of the defendant B is reversed.

Defendant

B shall be punished by a fine of KRW 2,000,000.

Defendant

B.

Reasons

Summary of Grounds for Appeal

Although there is sufficient evidence to view that Defendant B participated in the criminal conduct in violation of the Foreign Exchange Transactions Act by Defendant A, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby acquitted Defendant B of the charges on the violation of the Foreign Exchange Transactions Act.

The sentence sentenced by the court below on unreasonable sentencing (Defendant A: one year of imprisonment, two years of suspended sentence, and fine of 2,00,000 won) is too uneasible and unfair.

Defendant

B B B B B’s judgment on the grounds of appeal by the public prosecutor’s ex officio, and the public prosecutor applied for changes in the indictment to add the facts charged against Defendant B in relation to the crime of aiding and abetting a violation of the Foreign Exchange Transactions Act to the court below. The subject of the trial was added by this court’s permission. As examined below, the court below found Defendant B guilty of the ancillary facts charged against Defendant B, and the court below’s judgment on the charges of obstruction of the execution of deceptive scheme and the crime of aiding and abetting a violation of the Foreign Exchange Transactions Act, which the court below found Defendant B guilty, should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the part on Defendant B of the judgment of the court below as to

However, the prosecutor's argument of misunderstanding of facts or misunderstanding of legal principles as to the primary facts of violation of the Foreign Exchange Transactions Act by Defendant B is still subject to the judgment of this court, and further, I will look at the preliminary facts of the defendant B's violation of the Foreign Exchange Transactions Act.

As to the grounds for appeal against the primary facts charged as to the violation of the Foreign Exchange Transactions Act, Defendant B does not register foreign exchange business with the Minister of Strategy and Finance in advance.

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