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(영문) 서울서부지방법원 2018.05.23 2017고정820

금융실명거래및비밀보장에관한법률위반

Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. No person who has become aware of information or data about details of financial transactions in accordance with an order to submit a report issued by the court shall request any person to provide such information or data;

On November 4, 2016, the Defendant demanded to provide information or data on the financial transactions of the E FF bank account (G), H H’s I bank account (J) and K church L Bank account (M) in the D church located in Seongbuk-gu, Sung-nam branch of the Seoul East District Court due to an order to submit a report by the Seoul East District Court.

2. No person who becomes aware of transaction information, etc. in accordance with an order to submit a report issued by a court shall provide or divulge such transaction information, etc. to another person;

On October 2016, the Defendant became aware of the information or data on the financial transactions of E’s F Bank Account (G), H’s I Bank Account (J) and KGG L Bank Account (M) according to an order to submit a report issued by the Seoul Eastern District Court.

On November 4, 2016, the Defendant, at an O church located N in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, known to the general public.

A received a letter from A to request the submission of transaction information, etc. on the details of the above financial transaction, and the same month.

7.The same month;

8. He provided A with information or data on the financial transactions of E’s F Bank account, H’s I Bank account, and K church L Bank account, which he/she became aware of in the court’s order to submit the above documents in the above O church, etc.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. A protocol concerning the examination of suspect of the defendant A;

1. Application of the Acts and subordinate statutes requesting disclosure of documents;

1. The Defendants of the relevant Article of the Act on Real Name Financial Transactions and Confidentiality: Each of the provisions of Article 6 (1) and the main sentence of Article 4 (4) of the Act on Real Name Financial Transactions and Confidentiality;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Determination on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that Defendant A and EF bank.