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(영문) 대구지방법원 2018.05.25 2018노72
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not receive KRW 5 million from F for the purpose of arranging the crime under Article 2-b of the crime of the lower court’s misunderstanding of facts and misapprehension of legal doctrine).

However, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and misunderstanding the legal principles.

B) Although there was a fact that the Defendant received KRW 11 million from C for the crime of taking part in the multi-party 2-party 2’s criminal facts of the lower judgment, this is not a nominal loan but a loan.

However, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and misunderstanding the legal principles.

C) Since the Defendant did not receive KRW 11 million from C as intermediary expenses for the crime of violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds, this part of the facts charged on the premise that the above KRW 11 million is criminal proceeds is not guilty.

However, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and misunderstanding the legal principles.

2) The sentence sentenced by the lower court to the Defendant (a punishment of two years of imprisonment, a surcharge of 31,970,000) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Judgment on the Defendant’s assertion of mistake of facts

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as follows, the fact that the Defendant received KRW 5 million from F as intermediary expenses, is sufficiently recognized.

Therefore, this part of the defendant's argument is without merit.

1) The statement in F’s investigative agency contains detailed and specific matters that are difficult to make a statement unless the statement is directly experienced, and there is no particular contradiction or unreasonable part of the statement.

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