국민체육진흥법위반(도박개장등)등
The defendant's appeal is dismissed.
misunderstanding the facts and misapprehension of the legal principles on the grounds of appeal are acts indispensable for the operation of the gambling site. The account for the storage of this case was created to prevent the embezzlement of the passbook instead of the account created for the purpose of concealing criminal proceeds. As such, the Defendant managed the loyalty and exchange-only account or transferred money to the account for the storage of the above account.
Even if the Act on Regulation and Punishment of Concealment of Criminal Proceeds (hereinafter “Regulation on Concealment of Criminal Proceeds”) does not constitute “a person who pretends to acquire or dispose of criminal proceeds.”
The Defendant’s benefits that he/she received by mistake of the fact regarding the collection does not constitute “criminal proceeds” or “compensation for concealment of criminal proceeds” under the Act on the Regulation of Concealment of Criminal Proceeds, and thus is not subject to the collection.
The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.
Judgment
Article 3 (1) 1 of the Regulation on the Concealment of Criminal Proceeds is punishing an act that disguises the acquisition or disposition of criminal proceeds, etc.
Unlike the phrase “abscising criminal proceeds” under Article 1(1)3 of the same Act, it is apparent that the phrase “abscising specific crimes, or the purpose of pretending to be legitimately acquired assets” does not constitute the elements of “abscising criminal proceeds.”
Therefore, even if there was neither the specific crime nor the intent of pretending to be acquired or disposed of as legitimately acquired assets, if the fact about the acquisition or disposal of criminal proceeds, etc. is pretended, the liability for the crime under the above law shall not be exempted (see, e.g., Supreme Court Decision 2015Do1571, Jun. 15, 2018). According to the records, the account for loyalty, exchange, and custody used by the instant gambling site operators is a borrowed account.