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(영문) 의정부지방법원 고양지원 2017.01.12 2016고단3432
범죄수익은닉의규제및처벌등에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 21, 2016, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts (the brokerage, etc. of commercial sex acts) at the Goyang Branch of the Jung-gu District Court on March 21, 201.

[Criminal facts] The Defendant, from July 14, 2015 to July 14, 2016, had been aware of the name of the business operator and the credit card sales account in the name of the business operator of the above business operator and the credit card sales account in order to arrange commercial sex acts at the “D” business operator of the Defendant’s 603 Dong-dong, Dong-gu, Busan Metropolitan City from July 14, 2016.

By looking at the actual business owner of the above business establishment in the name of E, the defendant has concealed the actual business owner of the above business establishment and had the intent to disguise the profits from the brokerage of commercial sex acts as if they acquired E, not the defendant

Accordingly, the Defendant registered the business entity in the name of E on July 14, 2015, and received KRW 66,634,000 from that time to July 14, 2016, in total, from the credit card sales revenue through the brokerage of commercial sex acts of the said business entity, to the account in the name of Nonghyup Bank in the name of E.

In this respect, the defendant pretended the fact about the acquisition of criminal proceeds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. An investigation report (Attachment to a detailed statement of account transactions), an investigation report (Attachment to a credit card sales statement of a sexual traffic business establishment D);

1. Previous convictions: Application of the results of inquiry, such as criminal history, and criminal investigation reports (Attachment of relevant written judgments, etc.);

1. Article 3 (1) 1 of the Act on the Regulation and Punishment of Criminal Proceeds and Concealment of elective Criminal Proceeds, and Selection of imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. The period during which the defendant's reason for sentencing of Article 10 (1) and Article 8 (1) 3 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds of Additional Collection (the basis for calculation of additional collection: the amount equivalent to the criminal proceeds acquired by the defendant (the protocol of interrogation of the defendant's prosecutor's office) is the most time to acquire criminal proceeds, or such period is the same.

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