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(영문) 인천지방법원 2014.04.09 2013고단6793

범죄수익은닉의규제및처벌등에관한법률위반

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Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant A, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2013, the under-paid winners sent 9,950,000 won out of the loans 186,250,000 won under the above-mentioned D name to the National Bank Account (Account Number:F) account in the name of E (Account Number) by telephoneing D to make a credit rating. It is necessary to create the transaction performance, and transfer 17,00,000 won out of the loans 186,250,000 won from the above-mentioned titles to the National Bank Account in the name of E. On January 8, 2013, E deposited the above money with the national bank account in the name of oneself and withdrawn the above money from the under-paid winners, and then withdrawn the above money in the entirety, 17,000,000 won out of them to pay personal debts, and remitted to the account of G bank in the Republic of Korea.

On January 8, 2013, the Defendants: “Around January 8, 2013, approximately KRW 100 million was deposited into an account; the lending business entity made intimidation to withdraw his office money and made a report to the police. On the other hand, the Defendants heard that the lending business entity was suspected of making a loan by stealing his name and then transferred the loan to another place.” On the other hand, the Defendants knew that there was no loan from the location of the business entity working at the financial institution at the financial institution and that there was no report by the lending business entity on E; and that there was no fact that the lending business entity reported E at the police station, it was aware that the above money was criminal proceeds from the crime of “Sphishing.”

Nevertheless, around February 17, 2013, the Defendants received KRW 10,000,000, out of the above money from E from the Seo-gu Incheon International Apartment 101, 402, Seo-gu, Incheon, as a full-time tax fund, and around that time, received KRW 33,00,000 from the same place as a fund for the operation of the massage place.

As a result, the Defendants conspired to receive criminal proceeds equivalent to KRW 43,00,000, while knowing the circumstances of the proceeds derived from a specific crime such as fraud.

Summary of Evidence

1. Defendants’ legal statement

1. Examination protocol of suspect E by the prosecution;

1. Each of H, J, D, and K.