게임산업진흥에관한법률위반등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not less than one year and four months.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles are only those having used the account in the name of G because the Defendant could not use the account in his name due to bad credit standing.
Nevertheless, the judgment of the court below which convicted the defendant on the violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment by deeming that the defendant pretended to acquire and dispose of criminal proceeds by using a borrowed account is erroneous in the misunderstanding of facts and misapprehension of legal principles.
B. The lower court’s sentence of unreasonable sentencing (an additional collection of 1.6 months of imprisonment and 2.3 million won) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. The summary of the facts charged is with B and E, from April 28, 2017 to May 21, 2017, the Defendant used the borrowed name account in the name of G in order to disguise the acquisition of profits from money exchange, which is criminal proceeds, arising in operating the “D Adult Gameland.”
On April 29, 2017, the Defendant pretended to the acquisition or disposition of criminal proceeds by depositing KRW 200,000,000 in the H bank account (Account Number I) in the name of G in order to disguise the fact regarding the acquisition of criminal proceeds arising from the operation of the game site. From around that time to May 12, 2017, the Defendant, as shown in the separate list of crimes, deposited the total amount of KRW 1,390,000 in the H bank account in the name of G, as shown in the separate list of crimes.
B. Article 3(1)1 of the Act on the Regulation and Punishment of Criminal Proceeds Concealment punishs “an act that disguises the fact about acquisition or disposition of criminal proceeds,” and such an act may include the act of pretending criminal proceeds, etc. to belong to a third party, such as depositing criminal proceeds, into another account opened in another person’s name, which is called “the borrowed account.” However, in specific cases, the act of pretending criminal proceeds, etc. to belong to a third party.