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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2020.10.16 2019노4276
범죄수익은닉의규제및처벌등에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following circumstances acknowledged by the evidence submitted by the prosecutor, namely, the increase in B, and a large amount of money issued in cash, the Defendant should be deemed to have received money as stated in the facts charged from B under the name of living expenses, and the Defendant was aware of the fact that such money is criminal proceeds. However, the lower court erred by misapprehending the legal doctrine on the charge of a mistake of facts, which acquitted the Defendant.

2. The court below stated in Paragraph 2 of the judgment of the court below in detail the judgment on the facts charged, and found the defendant not guilty on the ground that it is difficult to prove that the facts charged that the defendant received money from B with the knowledge of the circumstance that the criminal proceeds are criminal proceeds. In light of the records, a thorough examination of the evidence of this case is just and acceptable, and the judgment of the court below is not recognized that there was a mistake of mistake of facts as pointed out by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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