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(영문) 춘천지방법원 원주지원 2020.01.09 2019고단1278

금융실명거래및비밀보장에관한법률위반방조

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2019, the Defendant provided a passbook to be deposited in order to evade taxes in many circumstances through text messages and B, and accepted the proposal to the effect that “on the same day, the Defendant will pay 3.3% fee per week by withdrawing the deposited money from the passbook and delivering it to the account holder.” On the same day, the Defendant provided the C deposit number (D) in the name of the Defendant to be used for the said transaction, and according to the direction of the account holder, the Defendant sent 2.45 million won out of the KRW 2.5 million deposited in the said account by the Defendant to the account holder under G, and then sent the deposited money to the account holder under the name of G, so that the account holder is able to use the money for the said transaction.

As a result, the Defendant aided and abetted financial transactions with another person's real name for the purpose of evading the law.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. - A bank transaction application, details of transactions, inquiries about details of transactions, and details of deposits;

1. - Abdon Hand-fear photographs to abson-facule

1. - Application of Acts and subordinate statutes to G public inspection documents (crimes, etc.);

1. Article 6(1) and Article 3(3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy regarding criminal facts and the Selection of Punishment, Article 32(1) of the Criminal Act and Article 32(1) of the Criminal Act;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The defendant's crime of this case is likely to facilitate the present social harm and thus, its nature is not good.

The defendant expected monetary compensation and assisted the evasion of the law.

A favorable circumstance: The defendant is the case.