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(영문) 수원지방법원 안산지원 2014.08.20 2014고단149
범죄수익은닉의규제및처벌등에관한법률위반
Text

A defendant shall be punished by imprisonment for two years.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the Defendant, acquired approximately KRW 120 billion from the victims through a false exaggerated advertisement that guarantees the principal and interest of high rate when investing in the collection business of non-performing loans from May 2008 to May 201.

‘' was sentenced to seven years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Daegu High Court on June 28, 2012 due to criminal facts, and the said judgment became final and conclusive on November 29, 2012.

The Defendant received from C the Defendant’s new bank account (D), KRW 45 million on March 2, 201, KRW 100 million on March 10, 201, KRW 350 million on March 31, 201, and KRW 350 million on March 31, 201.

However, the said money was paid to C as allowances through the above crime, and the Defendant was aware that C received the said money as above was the money acquired through the above crime.

Accordingly, the defendant knowingly received criminal proceeds.

Summary of Evidence

1. The defendant's partial statement (the purport of the person who has received deposits fromC);

1. Part of the statement made by the prosecution against C in the protocol of statement made by the prosecution (the fact that the defendant has been deposited in the defendant and the source of the input amount is the fraud respectively);

1. Each written judgment (C);

1. Resident inquiry and criminal records (No. 25 No. 1133);

1. Determination on the details of financial transactions, the assertion of the defendant and his/her defense counsel

1. First, the Defendant and his defense counsel asserts to the effect that “the amount of KRW 350 million paid by the Defendant on March 31, 201 shall not constitute criminal proceeds, etc.” as a check issued by E, irrespective of C’s crime.

On the other hand, C is the representative director of the above company and the defendant, and if the above arguments are consistent with the truth, the defendant is the defendant, regardless of C's crime, and the above company obtains 350 million won or more from other profit sources and issues checks based on them.

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