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(영문) 대전지방법원 천안지원 2019.08.23 2019고단801

금융실명거래및비밀보장에관한법률위반방조

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

No one shall conduct a financial transaction 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 other evasion of the law.

Nevertheless, on December 11, 2018, the Defendant: (a) received a proposal from an unqualified person’s name claiming “B Company C head of the B Company Co., Ltd.” to the effect that “In order to evade taxes related to the exchange of VIP, broadcaster, and sports players, the Defendant would provide a passbook at which they would receive money remitted from a foreign country; (b) would pay KRW 100,000 per day and KRW 3% of the withdrawal amount if they would withdraw and deliver the deposited money; and (c) on the same day, the Defendant accepted the proposal; (d) notified the “C head of the C Co., Ltd. of the name of the Defendant to use the bank account number (F) in the said transaction; and (e) around 17:30 of the same month, the Defendant sent the money to the said E Co., Ltd.’s name to the said account by withdrawing KRW 15,80,000,000 deposited in the said account by Boph, the victim of the C Co., Ltd. to use the money from the Defendant’s name.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made and attached DNA messages made to the police suspect interrogation protocol against the accused;

1. A H statement;

1. Application of A finance information-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy, Article 32(1) of the Criminal Act, and choice of imprisonment;

1. Articles 32(2) and 55 of the Criminal Act for aiding and abetting mitigation.