금융실명거래및비밀보장에관한법률위반방조
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
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 April 25, 2019, the Defendant: (a) received a proposal from a name-free person who became aware of through Internet job seeking advertisements on the Internet, to the effect that “where taxes are imposed on selling bags, etc. in an overseas direct area; (b) other accounts are needed to reduce or exempt taxes; (c) if the account is deposited by the purchaser to the account, it is necessary to deposit the account with no passbook to us; (d) the Defendant used the account in the name of the Defendant to provide the account to the evasion of the law of the said name-free person.”
On the same day, the Defendant informed the account number (C) of B Bank in the name of the Defendant to use it for the transaction, and, on the following day of the day, F, the victim of telecommunications-based financial fraud (i.e., e., e., e., scam) pursuant to the instructions of the said B Bank account, attempted to withdraw all of KRW 3.4 million deposited in the said B Bank account in cash and transfer it to the designated account.
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. Police suspect interrogation protocol of the accused;
1. A written statement;
1. Application of Acts and subordinate statutes on deposit transactions;
1. Article 6 (1) and Article 3 (3) of the Act on Real Name Financial Transactions and Confidentiality concerning facts constituting an offense and Article 32 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Articles 32(2) and 55(1)3 of the Criminal Act for mitigation of aiding and abetting crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334(1) of the Criminal Procedure Act provides that the prosecutor shall confiscate money deposited in the Defendant’s account and the total amount equivalent to the interest amount of 3,400,633 won. However, such confiscation is limited to criminal damage property.