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(영문) 서울고등법원 2018.03.28 2017노3713
배임수재
Text

The judgment below

The parts against the Defendants are reversed.

Defendant

A shall be punished by imprisonment with prison labor for not more than ten months and by imprisonment for Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B’s punishment (Defendant A: 10 months of imprisonment and 1 year of imprisonment) declared by the lower court is too unreasonable, and Defendant B’s defense counsel submitted a summary of pleadings containing misunderstanding of legal principles since the time limit for submitting an appeal was too excessive. However, at the first trial date, Defendant B did not explicitly assert the misapprehension of legal principles as to the lower judgment, and even at the ex officio examination, there was no error of misunderstanding of legal principles.

B. The Prosecutor (Defendant E, F, G, H, and I)’s sentence (for the Defendants, six months of imprisonment, one year of suspended execution, and eight hours of community service) sentenced by the lower court is too uneasible and unreasonable.

2. The summary of the judgment ex officio (Defendant E, F, G, H, and I)’s violation of the Foreign Exchange Act among the facts charged against the Defendants is that “If a resident of the Republic of Korea carries and exports means of payment exceeding USD 10,000, the head of the competent customs office should report the fact to the head of the competent customs office. However, in collusion with AE, the Defendants exported USD 358,391 to the United States without filing a report with the head of the competent customs office in such a manner as to take the aircraft out of AE and bring it out to the United States.” The summary of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the crime of capital flight abroad) is known that anyone should not move the property of the Republic of Korea or a citizen of the Republic of Korea to the United States for gambling in collusion with AE, the Defendants moved USD 358,391, a property of the Republic of Korea

As above, the crime of violation of the Foreign Exchange Transactions Act on the export of non-reported means of payment and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the crime of violation of property in foreign countries) constitutes several crimes and there are two or more crimes (Supreme Court Decision 2010Do7954 Decided October 14

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