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(영문) 서울중앙지방법원 2017.01.20 2016노4038
외국환거래법위반방조등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

(a) The first deliberation type (five million won in penalty) of the Prosecutor’s 1 is too unhued and unfair;

B. Defendant 1 was unaware of the fact that A and B were working to conceal foreign currency within the Defendant’s previous suit.

Nevertheless, the first instance court found the defendant guilty of aiding and abetting the defendant to violate foreign exchange transaction laws, and the first instance court erred by misunderstanding the facts and affecting the conclusion of the judgment.

2) Improper sentencing 1 deliberation punishment is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the first instance court as to the Defendant’s assertion of mistake of facts, the fact that the Defendant aided and assisted the Defendant by providing the Defendant with a space of the pre-registration of foreign exchange affairs in the pre-registration of the Defendant at the pre-registration office of the Defendant at three times, including the fact that: (a) the date of February 2016; (b) the date of March 2016; and (c) May 1, 2016; and (d) the date of May 1, 2016, as indicated in the first instance judgment.

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

① In the court of first instance, “A has used the Plaintiff’s H refund prior suit since 2013, and there is approximately nine times the work of concealing the U.S. dollars from the tables of the front Corner inside the exchange prior to the exchange prior to the exchange.”

During the above work, there was a fact that the defendant told that he will promptly complete the risk to himself.

In other refund stations, the above work could not be attempted due to the lack of table and table.

“The statement was made to the effect that it was “.”

② In the court of first instance, “The Defendant’s entire exchange suit included US dollars with A, and the Defendant was in the front suit, while performing the above work, and it cannot be seen that the entire exchange space is too small and thus, the entire exchange space is too small.

"............."

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