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(영문) 서울고등법원 2017.02.03 2016노3852
외국환거래법위반등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Seized No. 13.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A did not participate in gambling crimes and that the gains acquired from illegal exchange are not significant, Defendant A’s punishment (one year of imprisonment) sentenced by the lower court to Defendant A is too unreasonable.

B. In light of the circumstances leading up to the instant crime by the prosecutor, the gravity of the crime, and the degree of the acquired criminal proceeds, etc., the sentence that the lower court sentenced the Defendants (one year of imprisonment with prison labor for Defendant A, one year of imprisonment with prison labor for Defendant B, two years of suspended execution, two years of imprisonment with prison labor for Defendant C, ten months of suspended execution, and two years of suspended execution)

2. Determination:

A. Determination of the prosecutor's improper assertion of sentencing against Defendant A and Defendant A on the crime of this case is the confession of the crime of this case and his mistake is divided, and the profit acquired by the crime of this case seems to be not much much if the profit acquired by the above Defendant is compared to the amount taken out in foreign currency, etc., which are favorable to the above Defendant.

However, the crime of this case was committed by Defendant A, who carried out foreign currency closely and without registration, and the foreign currency carried out closely reaches US$ 25680,000 in total, and the period is about one year and eight months, and the above Defendant led to the crime.

In this respect, the criminal liability of the above defendant is not against the law.

In addition, the above defendant did not undergo physical search during the process, and requested to the security supervisor and accepted the bribe in order to pass through the security screening stand for airport departure.

The part of foreign currency taken out by the above defendant was used as illegal gambling fund, and the above defendant seems to have been aware of it.

The above defendant committed the crime of this case even though he had been punished twice due to the violation of the Foreign Exchange Transactions Act.

These factors are disadvantageous to the above defendant.

In addition, Defendant A's age, sexual conduct, environment, family relationship, circumstances and results of the crime, and circumstances after the crime, etc. are discussed.

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