logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.02.05 2020노6512
사기방조등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

except that this judgment.

Reasons

The court below found the defendant guilty of the facts charged, and dismissed all of the applicants for compensation order.

According to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation is unable to file an appeal against the judgment dismissing the application for compensation order. Therefore, the rejection part of the above application for compensation order was immediately finalized.

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.

2. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the misunderstanding of facts and misapprehension of legal principles (the part not guilty among the judgment below), the court below acquitted the defendant of this part of the facts charged, since the defendant could have acknowledged that he had conducted a financial transaction under another person's real name for the purpose of concealing illegal property, money laundering or evading the law as stated in this part of the facts charged.

B. Improper sentencing (Defendant and Prosecutor) 1) Defendant’s sentence (one year of imprisonment) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

3. The facts charged (not guilty portion of the judgment below) by the Defendant, on July 2019, received the speech that “to grant a loan, to secure a loan, to deposit money with the four accounts, to make a cash withdrawal and to transfer money without the passbook to another account” from a person in the name of the organization that caused the Defendant to misrepresenting E StaffF, and without verifying his/her affiliation or position, even though the account was anticipated to be used in the singishing, the Defendant consented to the G bank account in the name of the Defendant without verifying that the account would be used in the singishing, and the account number of the G bank account (H) in the name of the Defendant was known to the above person in the name of the non-name.

On July 31, 2019, the Defendant: (a) at the point of the G bank network N located in Young-gu, Suwon-si, Suwon-si on July 31, 2019 at the G bank account at the above G bank account.

arrow