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(영문) 대구지방법원 2016.04.22 2016고합50
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for four years.

861,850,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

D In collusion with the heads of L, Vice-Chairperson M, N, P, Q, computer office R and each center, the executive president of the 22 illegal multi-stage similar receiving companies, such as the L, Vice-Chairperson M, N, N, P, P, and the K and the K and the K and each center, the L and the K and the K and the K have operated the same receiving companies in Daegu, Incheon, and Busan. from around 2004 to October 31, 2008, the 29,207 victims have been habitually committed financial habitually.

On the other hand, D around October 31, 2008, operated the above 22 illegal multi-level receiving companies, and requested S to exchange in cash the 1.92 billion won of proceeds of the crime, which was acquired through the operation of the above 22 illegal multi-level receiving companies. Since that time, S was introduced as a person who exchanged the 3.7 million won through T, his own seat around that time.

1. On November 2008, the Defendant violated the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds would offer KRW 20 million in return for the exchange of check amounting to KRW 1.923.7 million from T at the French coffee specialty store located in Guro-gu Seoul Metropolitan Government in cash.

“The proposal was received and then accepted, and then the check was issued.”

The defendant knew well that the check is criminal proceeds acquired by L, etc. through an illegal multi-level receiving act, etc., and he exchanged the amount of KRW 1.4 billion from 1.4 billion to 1.5 billion in cash through U from November 6, 2008 to July of the same month.

Accordingly, in collusion with D, S, T, U, etc., the Defendant concealed the acquisition or disposal of the amount of KRW 1.4 billion to KRW 1.5 billion, including criminal proceeds, for the purpose of pretending the acquisition or disposal of the amount of money lawfully acquired.

2. On November 2008, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) took advantage of the fact that, after exchanging checks in cash at a place in which he was not a policeman on early November 2008, T et al. cannot actively exercise his right to the said checks and cash.

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