Defendant

The appeal by the prosecutor is dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. Prosecutor 1) In order to prevent a misunderstanding of facts from falling under a unreported capital transaction subject to criminal punishment, the Defendant intentionally divided the amount of capital transaction into 53 occasions and traded the unreported capital.

Nevertheless, the lower court erred by misapprehending the legal principles on foreign exchange transactions among the facts charged in the instant case.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The lower court determined that: (a) even according to the written indictment, the amount of individual deposits does not exceed the standard amount of punishment (1 billion won or 5 billion won) at the time of the act; (b) even according to the written indictment, the foreign transaction partners and the receiving banks are several locations; and (c) the Defendant was engaged in capital transactions as above, by intentionally dividing the amount of deposits and intentionally dividing the amount of deposits in order to prevent the Defendant from falling under the unreported capital transactions; or (b) it is insufficient to recognize that all these facts charged constitute a single comprehensive crime; and (c) the Defendant was acquitted of the violation of the Foreign Exchange Transactions Act among the facts charged in the instant case.

B. Decision 1) Unless there are special circumstances, such as that a unreported capital transaction subject to punishment pursuant to Article 29(1)3 and the main sentence of Article 18(1) of the Foreign Exchange Transactions Act constitutes capital transaction in the so-called “division transaction” in which part of the amount is divided, the case where the amount of individual capital transaction is at least one billion won (see, e.g., Supreme Court Decision 2018Do14754, Mar. 14, 2019).