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(영문) 대구지방법원 2016.05.25 2016노811

범죄수익은닉의규제및처벌등에관한법률위반

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unlawful sentencing arguments by the Defendant and the prosecutor, the following facts are found: (a) although it is acknowledged that R and C, etc. committed each of the instant offenses in order to assist in money laundering exceeding KRW 3,90,000 by means of transfer certificates of deposits, checks, cash, etc. acquired through the illegal multi-stage frauds, and thus making it difficult to recover the money laundering; (b) the Defendant is extremely bad, and the Defendant has the records of the crime subject to a suspended execution and punishment, the Defendant is in depth; (c) there was no history of punishment for the same offense; (d) there was no history of financing from the Defendant’s wife G in the course of operating a lending company or constructing a livestock plant; (e) although it appears that the Defendant would not receive any compensation separately in relation to each of the instant offenses; (e) there is a need to determine the amount of punishment in consideration of equity with the case of the final judgment, and (e) the Defendant’s age, motive, or circumstance of the instant offense, or any other unlawful motive, means and condition of the instant offense.

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.