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(영문) 서울중앙지방법원 2013.04.19 2013노959
외국환거래법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair form of punishment) is too unreasonable considering the following: (a) the Defendant’s failure to engage in the money exchange business for more than two years after committing the same kind of crime results in this case due to the suspicion of another person; (b) the size of the money exchange in this case and the profits earned by the Defendant are not so large; and (c) the Defendant’s opening of the money exchange business by itself after November 28, 201.

2. The circumstances favorable to the defendant, such as the fact that the defendant was willing to commit the instant crime and the size of the instant exchange is not large.

However, even though the defendant was sentenced to the judgment of suspended execution (Seoul District Court Decision 2009 High Court Decision 2009Da3469) due to the crimes under the same law, he again committed the crimes in this case during the period of suspended execution.

In full view of the above points and all other circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions specified in the instant records and pleadings, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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