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(영문) 광주지방법원 2017.10.20 2017고정1327

금융실명거래및비밀보장에관한법률위반

Text

1. Defendant A

A. The above defendant shall be punished by a fine of KRW 1,500,000.

B. The above defendant did not pay the above fine.

Reasons

Punishment of the crime

No person shall conduct financial transactions under the real name of another person for the purpose of evading the law.

Nevertheless, Defendant A, from February 2016, may cause the increase in personal income from around 2016, to no longer receive parent-family basic education benefits as long as he received from the Gwangju Office of Education from the Gwangju Office of Education. On May 2016, Defendant A requested that Defendant B be paid part of the driver’s benefits to Defendant B’s account, and Defendant B conspired to lend the name of financial transaction by consenting to this.

According to the above public offering, Defendant A received KRW 1,050,00,000, which is the remainder after subtracting KRW 700,000,000, which is the actual reported amount, from E, the school superintendent of the pertinent driving school on June 20, 2016, from the new bank account (G) in the name of F (D Driving Specialized Driving School) to Defendant A’s agricultural bank account in the name of Defendant B. From around that time to December 20, 2016, Defendant A transferred KRW 6,429,760 in total seven times from that time, as shown in the attached list of crimes, from that time to December 20 of the same year.

Accordingly, the Defendants conspired to engage in financial transactions under the real name of another person for the purpose of evading the law.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Inquiries about the details of deposit transactions (on June 20, 2016-. -. 13, 2016. -. 13), inquiry about the details of deposit transactions (on October 17, 2016. ), inquiry about the details of deposit transactions (on November 21, 2016. 20), and inquiry about the details of deposit transactions (on December 20, 2016. 20).

1. A detailed statement of the payment of educational benefits (2016) and the application of Acts and subordinate statutes to a criminal investigation report relating to the procedures for applying basic educational benefits;

1. The Defendants: Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Confidentiality; Article 30 of the Criminal Act; and Article 30 of the Criminal Act; the Defendants’ choice of a fine for a crime

1. Defendant B to be suspended of sentence: Fine of 500,000 won.