(영문) 인천지방법원 2018.02.09 2017노3375 | 리걸엔진

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(영문) 인천지방법원 2018.02.09 2017노3375

외국환거래법위반

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 100 million) is too unreasonable.

2. The facts that the defendant recognized the facts constituting the crime of this case and divided his mistake are favorable to the defendant.

However, in full view of the following unfavorable circumstances and all the sentencing conditions of the court below and the court of the first instance, even considering the favorable circumstances as seen earlier, the sentence of the court below is too unreasonable.

1. The illegality of this case is that the defendant carried out a collection and receipt business of foreign exchange exceeding 10.6 billion won without registering foreign exchange business after smugglinging the won amounting to KRW 3.24 billion.4 billion in total, and that the defendant carries out the collection and receipt business of foreign exchange exceeding 10.6 billion.

② The defendant has been subject to punishment twice for the same crime, and one of them is subject to punishment for one year of imprisonment and two years of suspended execution.

Nevertheless, the crime of this case, such as taking out a large amount of won won again, has been committed, and the degree of such crime is bad.

③ The Defendant committed each of the crimes listed in Articles 1 and 2 of the judgment of the court below. Defendant B, together with the Defendant, committed the crimes listed in paragraph 1 of the judgment of the court below.

In that regard, the lower court also sentenced B to the same fine of KRW 100 million as the Defendant, and the lower judgment against B was finalized.

Criminal facts

Part B’s participation in the crime described in paragraph 1 is greater than that of the defendant

In light of the overall criminal facts, B’s illegality is greater than the Defendant.

It seems difficult to see.

Such balance of punishment between such accomplices is also considered in determining the punishment.

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

유사 판례

-부산지방법원 2018.12.19 2018나48489

-대법원 1997. 10. 24. 선고 95다49530, 49547 판결

-대법원 1997. 10. 24. 선고 95다49530,49547 판결

-대법원 2007. 2. 15. 선고 2004다50426 전원합의체 판결

-수원지방법원 성남지원 2018.02.21 2017고단3301