범죄수익은닉의규제및처벌등에관한법률위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Seized evidence 30 shall be confiscated.
1. Summary of grounds for appeal;
A. Defendant 1 (Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment) is a case where there is no proof of a crime, but the court below found the guilty guilty of the charges. The judgment of the court below is erroneous in misunderstanding of facts. ① The confirmation of a crime relevance by an investigative agency is limited to the I Bank Account (Account Number: H; hereinafter “F Account”).
3) Of the previous accounts, only nine accounts in the name of AZ, CM, BB, CN, CN, COA, AR, BV, andN, and eight accounts in the name of AX, CP, AK, CY, CY, CY, CTR, CSS, CTS, and CTS. In addition, the aforesaid 17 accounts (hereinafter “instant previous accounts, etc.”) are merely eight accounts in the name of AX, CP, AY, CY, and CTS.
Among them, the amount deposited in the accounts in the name of AM, CP, AK, CY, AX, AY, Inc., Ltd., AY, CS, CT, BB, and NN is insufficient to prove criminal proceeds. ② The sum of the amount indicated in attached Table 1, which is the amount withdrawn by the Defendant during the period in which the Defendant had not yet taken over the passbook, is not the amount withdrawn by the Defendant. ③ The Defendant used the F account only from November 26, 2018 to January 31, 2019, and thereafter used the other borrowed accounts. After which, the Defendant used the other borrowed accounts, the sum of the amount indicated in attached Table 2, which is the sum of the amount withdrawn by the F account after January 31, 2019, not the amount withdrawn by the Defendant. 2) The lower court’s confiscation of imprisonment, 200,000 won is unjust.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. Article 3 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “the Act on Regulation and Punishment of Criminal Proceeds Concealment”) that is not proved to be criminal proceeds is acquired or disposed of.