(영문) 인천지방법원 2014.04.03 2013노3574 | 리걸엔진

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(영문) 인천지방법원 2014.04.03 2013노3574

외국환거래법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the crime Nos. 1 through 74 of the annexed crime list of the judgment of the court below is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.

B. The judgment of the court below which found the defendant guilty of some of the facts constituting a crime recognized by the court of fact-finding is a transaction that the defendant deposited for personal use, and it is not related to foreign exchange business.

C. The lower court’s sentencing of an unreasonable sentencing (fine 30 million won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in indictment with the contents of the facts charged as stated in the following facts in the judgment of the court below. Since this court permitted this, the judgment of the court below, which is based on the initial facts charged, cannot be maintained any more.

However, part of the defendant's assertion of misunderstanding the above legal principles and the assertion of misunderstanding the facts is still subject to the judgment of this court, and this is examined separately in the following items.

[Defendant’s defense counsel’s defense counsel’s defense counsel’s written opinion submitted after the deadline for submitting the statement of grounds for appeal does not constitute an element of a crime, or Defendant’s principal act does not constitute a justifiable act or an emergency evacuation. However, this part of this part of this case’s defense counsel’s defense that was filed after the deadline for submitting the statement of grounds for appeal does not constitute a legitimate ground for appeal (the Defendant’s defense counsel’s crime of this case constitutes both payment work between the Republic of Korea and a foreign country or all incidental

Supreme Court Decision 2008.5.8

유사 판례

-인천지방법원 2011.09.09 2011노193

-인천지방법원 2011. 9. 9. 선고 2011노193 판결

-대구지방법원 2020.10.21 2020노503

-대구지방법원 2020.07.21 2019노3026

-의정부지방법원 2019.07.16 2019노232