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(영문) 수원지방법원 2019.11.22 2019노3893
외국환거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (limited to imprisonment of eight months, suspension of execution of two years, additional collection of ten million won) is too unreasonable;

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the terms and conditions of sentencing compared to the original judgment on the grounds that there is no particular new sentencing data in the trial of the competent court, and even if the grounds for sentencing revealed in the pleadings of the instant case (in particular, the actual benefits that the Defendant acquired by the instant crime are written, and there is no previous conviction, the instant crime was conducted without registration, such as that the Defendant exchanged approximately KRW 2.4 billion to the exchange clients from August 30, 2015 to May 6, 2016. In light of the period of the instant crime and the scale of transaction, etc., it cannot be deemed that the sentencing of the lower court is too excessive, and thus, exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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