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(영문) 의정부지방법원 고양지원 2019.03.14 2018고단1473
범죄수익은닉의규제및처벌등에관한법률위반
Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

[criminal power] On December 13, 2018, Defendant A was sentenced by the Seoul High Court to imprisonment with labor for one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the judgment became final and conclusive on December 21, 2018.

【Criminal Facts】

1. The Defendants’ co-offenders are de facto marital relationships.

Defendant

A around April 21, 2017, at the office of the Goyangyang-gu post office belonging to the Republic of Korea 132, Seoyang-gu, Yangyang-gu, Yangyang-gu, 132, presented a notice of national tax refund received from Dong Yangyang-gu, and followed it as if he was a legitimate person entitled to refund, and claimed the payment of the national tax refund.

Defendant

A obtained criminal proceeds from a serious crime in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) from a person in charge of the above post office in the face value of 200 million won of cashier's checks as national tax refund and from a person in charge of the above post office who received a total of 512,320,810 won of cashier's checks in face value of 312,320,810 won of cash cashier's checks and did not return it even though he/she was demanded by the head of the same and the head of the same post office to return it in accordance with legitimate procedures. As the Defendant B knew that he/she received a refund unlawfully, he/she would be aware

On July 31, 2017, the Defendants purchased a family-gun C Apartment D apartment under the name of E and B, and paid KRW 15 million as the down payment, and around August 23, 2017, the sum of KRW 195 million as the remainder payment, and KRW 180,000,000,000,000 as the above national tax refund income.

B. On November 6, 2017, the Defendants presented E’s identification cards at the G bank credit points located in the Eunpyeong-gu Seoul Metropolitan Government, Defendant A presented his/her identification card, and Defendant B signed a regular deposit account by presenting his/her identification card, and signing his/her name on the application form for a regular deposit account. The Defendants opened the G bank deposit account in the name of E and remitted KRW 100 million to the said account.

Accordingly, the Defendants conspired with each other.

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