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(영문) 대구지방법원 2016.06.02 2015고단5985
범죄수익은닉의규제및처벌등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who has a relationship with G's external high-level receiver H in a Daegu Busan Metropolitan City area, such as the Bank of Bank D, the Bank of Bankruptcy E, the Bank of Bank F, etc., with about 20 illegal financial multi-level consignees.

G, which is the chairperson of the 22 illegal multi-level receiving companies, such as the Dispute Resolution I, the Dispute Resolution D, the Dispute Resolution D, the Dispute Resolution D, the Dispute Resolution L, and the Dispute Resolution D, in collusion with the heads of the Vice-Chairperson N, the executive president, the P, Q, Q, R, the data processing office, and the heads of each Center, and run the same receiving companies in the Daegu Busan Busan, etc. from around October 31, 2004 to around October 31, 2008, while operating the said similar receiving companies in the area of Daegu Busan, Busan, etc., and habitually prevented the victims from habitually committing about 70,000 won financial fraud, and runs away to China around December 10, 2008.

On December 2, 2008, the Defendant received request from G and H for laundering KRW 2 billion by means of cash exchange for checks that have been habitually acquired by G and H in a multi-level financial manner, and accepted this request.

On December 16, 2008, the Defendant sent to U 2 billion won the said check, which was acquired by G and H through a multi-level financial fraud in the following areas: (a) on December 16, 2008, G and H had been contacted in advance by G and H.

After that, the Defendant and U.S. exchanged the total amount of KRW 2 billion of the check in cash with several financial institutions, such as Korean banks and Daegu banks in Daegu on the same day.

Accordingly, in collusion with G, H, U, etc. in order, the Defendant pretended about the disposition of KRW 2 billion, which is the proceeds of habitual fraud crime, and concealed them for the purpose of pretending to be legitimately acquired property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each investigation report and documents attached thereto (No. 1 through 5, 8 through 18, 21 through 27, the list of evidence);

1. Article 3(1)1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds under the pertinent provision of the Criminal Act, Article 30 of the Criminal Act (the most of criminal proceeds), Article 3(1)3 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds, and the Criminal Act.

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