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(영문) 인천지방법원 2019.10.23 2019고단5588

전자금융거래법위반등

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. No person who violates any Act on Real Name Financial Transactions and Guarantee of Secrecy 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 Using Specified Financial Transaction Information, money laundering under subparagraph 4 of the same Article, financing of terrorism and evading compulsory execution under subparagraph 5 of the same Article, or any other evasion of law;

On June 25, 2019, the Defendant: (a) received a proposal to the effect that “an act of withdrawing and remitting money from illegal private gambling site; (b) would pay in return for 2% of the money remitted; and (c) received a withdrawal of money from another person; and (d) received money from another person to transfer money to another person’s account using another person’s name.”

At around 13:30 on July 4, 2019, the Defendant transferred KRW 119,720,000 from that time to August 12, 2019, a total amount of KRW 136 times in total, from that time, cash withdrawn by using a e-mail card collected from a person who was unaware of his/her name in the name (EAF) in the name of G in the name of G, which was known to him/her by the person who was not killed in his/her name (EF).

As a result, the Defendant concealed criminal proceeds, etc. for the purpose of pretending criminal proceeds as legitimately acquired, thereby making financial transactions under the real name of another person for money laundering or other evasion of law.

2. Violation of the Electronic Financial Transactions Act;

(a) In using and managing a means of access on August 12, 2019, no person shall borrow or lend a means of access, or keep, deliver or distribute a means of access by receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

On June 25, 2019, the Defendant sought a part-time site via the Internet, and "illegal private gambling."