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(영문) 의정부지방법원고양지원 2020.10.16 2020고단1568

금융실명거래및비밀보장에관한법률위반방조

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering or financing of terrorism, evasion of compulsory execution, or any other evasion of the law.

Nevertheless, around May 10, 2019, the Defendant received a proposal from a name-free person who became aware of at the job offering advertisement site, stating that “I would receive money from a person under the name of the party atmacaro to purchase goods, and then would receive a commission for money exchange in local currency,” and accordingly, the Defendant’s account in the name of the Defendant would be offered to the evasion of the law of the name-free box. On May 14, 2019, the Defendant left the Republic of Korea using the flight slip sent by the person under the name of the party.

On May 15, 2019, the name omittedist sent false letters of approval for the use of credit cards to the victim B and sent them to verify them, and the victim called “personal information was used for committing the crime by opening a large passbook in the name of the party.” As such, it is necessary to confirm whether the funds in the bank account were criminal funds. It is necessary to confirm whether the funds in the bank account are funds for crime. It was provided by the victim with the said information from the victim, and then transferred KRW 12 million from the victim’s Internet banking account at around 16:31 on the same day after being provided with the said information from the victim’s Internet banking account at around 16:31 on the same day.

On May 15, 2019, at around 17:25, the Defendant purchased 53 million won, including 12 million won, which was transferred to the C Bank account in accordance with the direction of the above person who was not entitled to the name of the Defendant, and delivered 48:981,204 won to the local guard designated by the said person who was not entitled to the name of the Defendant.

Accordingly, 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.

Summary of Evidence

1. The defendant;