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(영문) 대구지방법원 2016.05.13 2015고합517
특정경제범죄가중처벌등에관한법률위반(사기)방조등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

On September 6, 2013, the Defendant was sentenced to a suspended sentence of two years for a year, due to a violation of the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds at the Daegu District Court, and the judgment became final and conclusive on September 14, 2013.

E and F established a total of 24 illegal financial multi-level beneficiaries, including L and L, which are similar recipients, from around 2004 to October 31, 2008, and committed a multi-level and habitual fraud crime.

The Defendant was a police officer from December 29, 1990 to June 18, 2007, and became aware of F at the time when he worked in the Daegu Regional Police Agency I around April 2005. From around April 2007, the Defendant operated a multi-level financial similar receiving company operated by F, etc.

On October 31, 2008, the Defendant issued a deposit certificate in the name of K or the Defendant’s wife’s name with money for the 300 million won cash deposit certificate of KRW 100 million via K, which is the seat of J, around November 5, 2008, and then received a deposit certificate in the name of K or the Defendant’s wife’s wife’s name with money for the emeration or re-emeration of this transfer deposit certificate from November 28, 2009, and the Defendant managed and preserved the above KRW 300 million fund by depositing the financial account in the name of M. on November 28, 201.

30 million won was withdrawn and used around that time.

Accordingly, the defendant pretended about the acquisition and disposition of KRW 300,00,000, which is the criminal proceeds of habitual fraud received from E, and concealed them for the purpose of pretending to be legitimately acquired property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness N,O, and F;

1. Before the judgment: A copy of the judgment attached to the inquiry about criminal history and a copy of the statement protocol against the defendant (the list No. 32) shall be asserted by the defendant and his/her defense counsel.

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