beta
(영문) 서울중앙지방법원 2013.11.15 2013노3032

범죄수익은닉의규제및처벌등에관한법률위반등

Text

All appeals by the Defendants and by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced against the Defendants (e.g., one year and six months of imprisonment, confiscation, and confiscation; one year and two months of imprisonment; and one year and two months of confiscation) are too heavy or unreasonable (the prosecutor).

2. The instant case is a matter of concealing criminal proceeds by operating the Internet gambling site where the Defendants are holding a server in collusion with one person F, etc., and withdrawing the money deposited in the account he/she manages and keeping 34,1730,000 won.

The Defendants led to the instant crime; Defendant B was the first offender; Defendant A was subject to a fine of 5 times; and Defendant A was subject to a suspended sentence due to violent crimes, and was not subject to any criminal conviction of the same kind of punishment, etc.; and was favorable to the Defendants.

However, the crime of gambling opening, such as the instant case, is highly likely to cause social harm by undermining the desire to work in good faith, and in view of the amount of money deposited from November 201, 2012 to May 2013 of the account in the name of a limited liability company, it appears that the amount of proceeds from the instant gambling place exceeds 14 billion won, and thus, it appears that the amount of proceeds from the instant gambling place exceeds 14 billion won; the Defendants did not withdraw only cash, but kept it in custody on the spot.

The fact that the seized criminal proceeds are large of KRW 340,1730,000,000, Defendant A publicized the gambling site at the hosting room and Defendant B frequently conducted international telephone, etc. It seems that the Defendants were involved in the crime beyond the simple total board of gambling site. After the arrest, the Defendants’ personal information about the accomplice and denied the crime.

It is difficult to view that only the part confirmed by gambling site records, etc. are not necessarily reflected by recognizing crimes, etc., which is disadvantageous to the defendants.

In addition, the defendants' age, character and conduct, environment, and circumstances after the crime are committed.