금융실명거래및비밀보장에관한법률위반방조
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
No person shall conduct financial transactions under the real name of another person for the purpose of evading the law.
On July 2, 2018, the Defendant listened to the phrase “to make a loan by drawing a deposit in the account and raising the transaction performance.” On July 2, 2018, the Defendant had expressed his intent to offer the account under the name of the Defendant to the evasion of the law of the person who has failed to receive the name.”
The Defendant, around July 2, 2018, at the entrance of the B in Gwangjin-gu Seoul Special Metropolitan City, informed the Defendant of his/her nameless box C (Account Number D) account in the name of the Defendant. On July 3, 2018, the nameless person was transferred 5.3 million won from E to the said C account in the name of the Defendant through the telephone financial fraud crime around July 12, 2018.
Accordingly, the Defendant assisted and aided the Defendant by facilitating 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. Examination protocol of the accused by prosecution;
1. E statements;
1. Confirmation of transfer results, and application of Acts and subordinate statutes for investigation reporting;
1. Relevant Articles 6 and 3(3) of the Act on Real Name Financial Transactions and Confidentiality concerning facts constituting an offense and Articles 32(1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Articles 32 (2) and 55 (1) 6 of the Criminal Act to be legally mitigated;
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 of the provisional payment order;