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(영문) 부산지방법원 2016.11.25 2016노2693
외국환거래법위반등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below against the defendant (one year of imprisonment, two years of suspended execution, and fine of twenty million won) is too unreasonable.

Judgment

The fact that the defendant recognized the crime of this case and is in violation of depth, there is no particular criminal punishment during the last ten years, there is no previous charge, and there is no family member, etc. are favorable circumstances.

However, as to the crime of this case, unregistered foreign exchange transactions, such as the crime of this case, can only be abused as a means of illegal or unlawful financial transactions, and the crime of illegally acquiring or transferring means of access to the financial account is highly likely to be used for other crimes, and the passbook of this case has actually been used for other crimes such as illegal gambling, etc. In addition, there is a need to be punished for severe punishment. The defendant occupied in the Philippines while using 8 accounts in the name of 3 persons, such as relative relatives and their passwords, and illegally used them by taking over electronic financial transactions such as electronic financial transactions such as 5.67 billion won from those who want to exchange casino users into the Republic of Korea, and paid 5.67 billion won or more to the corresponding page over 503 times. From those who want to exchange casino users into the Republic of Korea, it is very unfavorable to the defendant in light of the fact that the so-called "foreign currency transactions" has been deposited in the Republic of Korea through 4.32 times, and the circumstances and circumstances of the crime of poor profits and its acquisition.

In full view of the above circumstances and other factors of sentencing as indicated in the argument of the instant case, including the background of the instant crime, the circumstances after the instant crime, the age, character and conduct, environment, and the balance of sentencing with the same or similar cases, the lower court did not recognize that the sentence of the lower court is too unreasonable, considering all favorable circumstances for the Defendant.

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