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(영문) 부산지방법원 2013.06.20 2013노624
외국환거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the crime of this case is against the purport of the violation of the Foreign Exchange Transactions Act, which aims to contribute to the sound development of the national economy, by guaranteeing the freedom of foreign exchange transactions and other foreign transactions, and facilitating the market function, and by promoting the facilitation of foreign transactions and the balance of payments and the stabilization of monetary value, while trying to carry and export US$ 16,000 without any customs declaration, and is discovered in the course of the security screening of the Kimhae International Airport. In light of the above, the sentence of the suspended sentence is too unreasonable.

2. In light of the fact that the defendant's primary crime recognized all of the crimes of this case as a principal offender, and it was caused to commit the crime of this case in the course of departure from the Republic of Korea to support the living expenses of the wife who works as an exchange professor in the U.S. university, and that the source was withdrawn from the account of the defendant's husband and wife and exchanged through the financial institution, it is clear that the defendant's failure to properly understand the limit per capita under the Foreign Exchange Transactions Act is not a part of the customs administration and to take out foreign currency, and it is not a result of the defendant's failure to properly understand the limit of the shipping out of the country under the Foreign Exchange Transactions Act, and it is difficult to view that there is little possibility of criticism, and there is little risk of repeating a crime. Considering the following circumstances, it cannot be deemed that the punishment imposed by the court below is too weak.

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

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