(영문) 인천지방법원 2017.05.10 2017노817 | 리걸엔진

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(영문) 인천지방법원 2017.05.10 2017노817

외국환거래법위반등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Of subparagraph 1 of the seized evidence, the head of 1,000 Won Won and evidence.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Of the lower judgment’s judgment, the total amount of KRW 476,778,200 transferred over 213 times from July 6, 2014 to June 20, 2016 among the details of transactions indicated in the attached Table 1 of the lower judgment, which was erroneous as to the violation of the Foreign Exchange Transaction Act, constitutes not the amount of new deposit received by the Defendant but the amount of money transferred from the account used by the Defendant to another account.

Nevertheless, the lower court erred by misapprehending the facts and thereby pronounced guilty on this part of the facts charged.

2) The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment, confiscation, and collection) is too unreasonable.

B. Prosecutor 1) Of the records of transactions on the list of crimes Nos. 4 of the judgment of the court below, the amount transferred 39 times in total from the other account excluding “AU, AV, AW, X” among the transaction details on the list of crimes No. 4 of the judgment of the court below, constitutes not the amount transferred from one account used by the defendant to another account, but the amount newly received by the defendant for the purpose of returning.

Nevertheless, the lower court erred by misapprehending the facts and thereby acquitted the facts charged.

2) The above sentence committed by the lower court against the Defendant is too uneased and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the summary of this part of the facts charged is without registering with the Minister of Finance and Economy. From July 6, 2014 to September 26, 2016, the Defendant, as indicated in the list of crimes in attached Table 213 times, paid to the Defendant in Bangladesh an amount calculated by deducting a certain percentage of fees from the total of 476,778,200 won, which was remitted outside Korea, for 213 times in total, and then, carried on unregistered foreign exchange business by delivering the amount calculated by deducting a certain percentage of fees from the total of 476,778,200 won, as in the list of crimes.

2) The judgment of the court below is legitimate.

유사 판례

-인천지방법원 부천지원 2017.02.03 2016고단2632

-인천지방법원부천지원 2017.04.06 2015가단114731

-춘천지방법원 속초지원 2015.08.12 2014고단277 (1)

-수원지방법원 2018.01.11 2017고단7733

-대구지방법원 서부지원 2016.03.03 2016고단134