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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor 1) Inasmuch as the former Act on Regulation and Punishment of Criminal Proceeds Concealment (amended by Act No. 10201, Mar. 31, 2010; hereinafter “Criminal Proceeds Concealment Act”) is deemed to be “criminal Proceeds Concealment Act.”
(2) The lower court erred by misapprehending the legal doctrine that acquitted the Defendant on the violation of the Criminal Proceeds Concealment Act among the facts charged in the instant case, even though the acquisition or disposition of criminal proceeds, or the reversion of criminal proceeds and the origin of criminal proceeds exist, means a disguised act that disguises the fact concerning the acquisition or disposition of criminal proceeds under Article 3(1)1 and 2, and the act that disguises the fact concerning the creation of criminal proceeds, means a disguised act that does not exist with respect to the grounds for the acquisition or disposition of criminal proceeds, or the reversion or the origin of criminal proceeds, and such an act includes a disguised act as if criminal proceeds belong to a third party.
B. The above sentence imposed by the court below is too unreasonable.
2. Determination
A. 1) The summary of this part of the facts charged is that the Defendant, as indicated in the judgment of the court below, abused corporate purchase loan agreements as stated in the judgment below, and acquired a total of KRW 1,182,280,000 from May 2007 to October 2008, the Defendant is not the Defendant, but the actual recipient of corporate purchase funds between E, F, and H, but the Defendant. However, in order to conclude that the recipient of corporate purchase funds is F and H, as indicated in the judgment of the court below, he/she submitted a tax invoice under the name of F and H in the name of F and H in 25 times in total to conclude that the recipient of corporate purchase funds is F and H, thereby pretending the fact about the acquisition of corporate purchase funds and the cause of criminal proceeds as if F and H were legally acquired through real transactions.