금융실명거래및비밀보장에관한법률위반방조
A defendant shall be punished by imprisonment for not less than three months.
However, 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, around July 23, 2019, the Defendant received a proposal from a person without his name, to the effect that “if money deposited into the illegal gambling site after opening a member’s account and registering the account, to withdraw and deliver the money deposited into the account,” and accordingly, the Defendant intended to offer the account under the name of the Defendant to the evasion of the law of the person with no name, and let him enter the illegal gambling site to the registration of the Defendant’s B Bank (C) and to lend the account for use for transaction after having registered the account, and as he transferred KRW 4 million to the telephone financial fraud of the person with no name or his accomplice’s telephone financial fraud through E, F, who is the destination, shall withdraw 389,000 won from the H Bank, post office, etc. located in Daegu-gu H Bank, Daegu-gu, to deliver it to the person with no name.
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. Statement of D police statement;
1. Details of entry, withdrawal, and transactions, and application of the Acts and subordinate statutes governing the B Banking Association;
1. Article 6 (1) and Article 3 (3) of the Act on Real Name Financial Transactions and Confidentiality and the Selection of Punishment for Facts constituting an offense; the choice of imprisonment;
1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the defendant acknowledges the crime of this case and does not repeat again, and that the defendant has no criminal record of the same criminal record);
1. Probation and community service order under Article 62-2 of the Criminal Act;