금융실명거래및비밀보장에관한법률위반방조
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes 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.
Nevertheless, on May 2019, the Defendant received a proposal from a person without a name, to the effect that “When our country enters a passbook in order to pay transaction price as a co-owner, you will send the balance to the virtual currency address designating excluding 1% fees,” and had the account in the name of the Defendant offered to the evasion of the law of the person without a name.
The Defendant, around that time, informed the person under whose name the Defendant was named, used the B bank account in the transaction. The person under whose name was named, by deceiving C, who was the victim of the crime of telephone financial fraud, received KRW 13 million from the said account on May 29, 2019, by deceiving C, who was the victim of the crime of telephone financial fraud, and by deceiving D, received a total of KRW 35 million from around 17:29 to 17:31 on the same day, and received a remittance of KRW 35 million in total from the said account twice to the said account.
Upon the transfer of the above money, the Defendant remitted the money, excluding the fee, to the address of the electronic wallet of virtual currency designated by the deceased.
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. The defendant's legal statement D, each police statement made to C, certificates of records of deposit transactions, replys to each financial transaction information and remittance certificates;
1. Application of the Acts and subordinate statutes to photograph the Kakao Stockholm conversation;
1. Relevant Article on criminal facts, Articles 6 (1) and 3 (3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy, and Article 32 of the Criminal Act;
1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;
1. The victims of the reasons for sentencing under Article 62(1) of the Criminal Act shall be out of the amount of damage acquired by deception by deceiving the crimes of Bophishing.