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(영문) 서울고등법원 2019.01.10 2018노2778
범죄수익은닉의규제및처벌등에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the lower court is too unreasonable.

2. The decision of the court below is a large amount of money received by the defendant in exchange for illegal solicitation from Co-Defendant B, a trading partner of the company taking advantage of his business authority and position, which is equivalent to approximately 82,00,000 won, and it is extremely poor that the crime was committed while using an account under the name of a third party in the course of the crime. According to the principles of the international export control system, strategic items necessary for export permission were exported without permission for about 1 year and 10 months for the sake of international peace, safety and national security, and the economic benefits acquired from the crime seems to be considerable, considering the circumstances unfavorable to the defendant. ② The defendant has no criminal power other than the punishment imposed upon the defendant. According to the export and import notice of strategic items, strategic items are distinguished from those of double-use items and military supplies. Thus, it is difficult to judge that double-use items exported and those items were the same as those of export of military supplies, and it is difficult to conclude that the defendant was under detention for the defendant's occupation and behavior during the first six-year period.

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s sentencing is determined.

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