금융실명거래및비밀보장에관한법률위반방조
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 became final and conclusive.
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.
On March 13, 2019, at a place where a location is unknown, the Defendant: (a) received a loan, regardless of credit rating, from a person in unsound name who misrepresented B employees C; (b) obtained a guarantee insurance policy; (c) made a loan from another lending company by purchasing a guarantee insurance policy; and (d) made a false statement of transactions in order to purchase a guarantee insurance policy; (c) made a withdrawal of money to an account to create details of transactions and deliver the money to the company’s employees; and (d) made a proposal to the effect that, in response to the proposal, the Defendant was willing to provide the account under the name of the Defendant to the evasion of the law of the person in bad name.
Accordingly, the Defendant, through D, informed his account number (F) to his account holder and used it for the transaction. On March 18, 2019, by deceiving G, a victim of Bophishing fraud, the Defendant was transferred KRW 10 million from G to the above account of bank.
When the Defendant deposited the money from the foregoing account as above, the Defendant released KRW 9 million out of the money deposited in the E Bank I branch of the E Bank in Ulsan-gu, U.S., U.S., from the said account, to the male who sent out the money from the above bank’s location.
Accordingly, the Defendant assisted the Defendant to conduct financial transactions under the real name of another person for the purpose of evading the law.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Documents and written statements of G;
1. A copy of details of transactions;
1. Application of Acts and subordinate statutes concerning the contents of conversation;
1. Articles 6(1) and 3 of the Act on Real Name Financial Transactions and Confidentiality concerning criminal facts;