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(영문) 인천지방법원 부천지원 2021.02.23 2020고단3987

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. No person who violates the Act on Real Name Financial Transactions and Confidentiality shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property under subparagraph 3 of Article 2 of the Act on Reporting and Use of Certain Financial Transaction Information, money laundering under subparagraph 4 of the same Article, or raising funds for public intimidation under subparagraph 5 of the same Article, evading compulsory execution, or evading other evasion of the law;

On November 2016, the defendant would pay 5% of the amount if he received and delivered trade-related funds from a person who was not named in the name of the defendant.

“In response to the proposal, the Defendant’s account number (B Bank C) was offered, and the Defendant’s withdrawal of money transferred to the account according to the direction of the person without a name, with the intent of enabling the Defendant to trade the money transaction with the name of the person without a name for the purpose of evading the limit of withdrawal, etc.

On November 21, 2016, at around 14:28, the Defendant: (a) returned from F to F more than five occasions the amount of KRW 10 million and KRW 700,000,000 to the account of the Defendant at the location of the E-U.S. original branch of the E-U.D., the Defendant sent the amount of KRW 10,000 from F to the account of the Defendant; and (b) delivered the amount of KRW 7,00,000 to the account of the Defendant

As a result, the Defendant aided and aided the Defendant to conduct financial transactions under the real name of another person for the purpose of evading the law.

2. On April 17, 2018, the Defendant posted a letter “gallon 5 A jum jum jum jum jum jum 5 A pop jum jum jum jum jum.” on the Internet GH car page, and said, the Defendant said that “the Defendant would transfer 150,000 won to the victim I and send a main cell phone.”

However, in fact, the Defendant did not have a portable phone, and was thought to use it as living expenses, etc., so there was no intention or ability to send the goods even if he received money from the injured party.

Nevertheless, it is not possible.