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(영문) 의정부지방법원 2020.10.15 2020노240
외국환거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 15,00,000) is too heavy or unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

There are favorable circumstances such as the fact that the defendant seems to recognize and reflect his mistake, the fact that the family of the defendant wants to take the defendant's preference against the defendant, and the fact that the defendant is an initial offender who has no criminal power.

On the other hand, the defendant made the so-called unregistered money exchange business against Korean tourists in Mcaro. In light of the crime period and amount of money exchange, there are unfavorable circumstances such as the defendant's liability not to be less than that of the crime, and the defendant's profit from the crime of this case seems to be considerable.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and all of the sentencing factors revealed in the trial process, it is not deemed that the sentence imposed by the lower court is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the term “application of statutes” of the judgment of the court below is ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure, and the term “Articles 27-2(1)1 and 8(1) of the Foreign Exchange Transactions Act” as “Article 27-2(1)1 and Article 8(1) of the Foreign Exchange Transactions Act”

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