The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (one year and six months of imprisonment and three years of suspended execution) is too unreasonable.

2. The instant crime is that the Defendant is running a unregistered money exchange business exceeding KRW 2 billion by the so-called exchange method, and is not less than the liability for the crime in light of the period, frequency, total size of money exchange, etc. of the crime.

It is necessary to strictly punish such unregistered foreign exchange business in that it may undermine transparency of foreign exchange transactions, interfere with national monetary policies, and abuse it as an illegal means of financial transactions.

However, the Defendant recognized the instant crime and against his mistake, and there is no record of criminal punishment prior to the instant crime.

In the records, there is no evidence to verify the amount of profit acquired by the defendant from the crime of this case, but it is judged that the actual profits acquired are not significant.

As a permanent resident (F-5) qualification, the Defendant appears to have resided together with his family in Korea and expected to restrain recidivism.

In addition, in full view of all the sentencing circumstances shown in the records and theories of this case, such as the defendant's age, sex, family environment, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 27(1)5 of the former Foreign Exchange Transaction Act (amended by Act No. 14525, Jan. 17, 2017) regarding criminal facts and Article 27(1)5 of the same Act regarding the choice of punishment.