특정경제범죄가중처벌등에관한법률위반(알선수재)등
The judgment below
Among them, I reverse the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment of Specific Economic Crimes).
In this case.
Defendant 1) The summary of the grounds for appeal is as follows: (a) misunderstanding the facts concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) and misunderstanding of the legal principles, which led F to the transfer of KRW 50 million to K who is a de facto spouse of the defendant to K is not paid as a consideration for a loan; (b) misunderstanding the facts concerning the violation of the law by an attorney-at-law (guilty part) and receiving the money borrowed to T; (c) misunderstanding the facts concerning the violation of the law by an attorney-at-law; and (d) misunderstanding the legal principles,
Attached Form
There is no fact that the remainder of money except 1.2 times a year of crime sight is received.
3) The punishment sentenced by the lower court to the defendant [one year and two months of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) and four months of imprisonment with prison labor for the crime of violation of the Act by
1) The Defendant, as to the violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds, was fully aware of the fact that KRW 50 million, which was remitted to K, constitutes criminal proceeds in return for loan intermediation, and in such a method, it can be deemed that the Defendant uses a borrowed account in order to pretend that the said money is reverted to K, and actually re-transfers the money to the third account, and then uses the money, it can be deemed that it constitutes an act that disguises the fact about acquisition of criminal proceeds, etc. and constitutes an act that subjectively conceals the fact about the acquisition of criminal proceeds.
2) The part of the attached Table 2 of the judgment below which the court below acquitted the Defendant of the facts concerning the violation of the law by attorney (not guilty part of the reasons) is also subject to the solicitation of the Defendant in relation to the duties of the public official.
3) The sentence sentenced by the lower court to the Defendant (one year and two months of imprisonment, and four months of imprisonment) is too unhued and unreasonable.
. Determination.