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(영문) 대구지방법원 2017.11.03 2017노3010
범죄수익은닉의규제및처벌등에관한법률위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A did not know that the F’s store business rights and operating income, etc. were criminal proceeds, and there was no conspiracy to conceal criminal proceeds with D.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged is erroneous as a matter of law.

B. In fact, Defendant B borrowed KRW 100 million from G and invested in F points around August 2007. Defendant B received KRW 100 million from N and repaid KRW 70 million out of the borrowed amount from N to October 2008, from N and N’s parent in return of the invested amount.

Therefore, the above defendant testified about the true facts at the date and time stated in the facts charged.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged is erroneous as a matter of law.

(c)

The punishment sentenced by the court below to the defendants (Defendant A: 8 months of imprisonment, 2 years of suspended execution, and 1 year of imprisonment) is too unhued and unfair.

2. Determination

A. As to the Defendants’ assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal in this part. Accordingly, the lower court rejected the Defendants’ assertion and its determination in detail from No. 6 to No. 9 of the said judgment, and found the Defendants guilty of the facts charged in this case.

In light of the records of this case, a thorough examination of the evidence presented by the court below, including each court decision (Ch 72,73) is conducted, the above determination by the court below is justified, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

subsection (b) of this section.

The Defendants’ assertion on this part is without merit.

B. 1) Determination of the Prosecutor’s improper assertion of sentencing is the area unique to the first deliberation in the Criminal Procedure Act, which adopts the trial-oriented principle and the principle of directness in the relevant legal principles.

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