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(영문) 서울북부지방법원 2020.02.05 2019고정1431

금융실명거래및비밀보장에관한법률위반방조

Text

Defendant shall be punished by a fine of two million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall conduct financial transactions under the real name of another person for the purpose of evading the law.

Around June 11, 2019, the Defendant heard the proposal that “C, D, and E” advertising and contacted “C, D,” and, in response to this request, the Defendant’s personal account number in the name-based G bank account (H) of the Defendant’s name-based G bank account (hereinafter “H”) from the Defendant’s employees using Adddi, “one time in full, one million won in advance, and three times in full, three hundred thousand won in the case of full. When each name is deposited into the account of the Defendant, the Defendant would be exempted from paying the full amount of the money, with the exception of KRW 100,000,000 per basic daily amount, and at the same time, notified the Defendant’s name-based G bank account number.”

On June 12, 2019, at around 12:15 on June 12, 2019, an employee under the name in distress who belongs to the organization of Bophishing crimes, such as the above person under the name of the victim, falsely assumes to the victim I the J of the G Bank by telephone, and “I would be able to make a loan at low interest if part of existing loans are repaid.” The victim, at around 15:07 of the same day, remitted the amount of KRW 4 million to the above G Bank account under the name of the defendant.

On the other hand, the Defendant, at around 16:10 on the same day, withdrawn the money deposited in the Defendant’s account at a child branch of the G Bank located in Gangnam-gu Seoul, Gangnam-gu, Seoul, at the direction of the person who was unable to use the above IF, and then delivered the money to the name-free receipt book sent by the above Bohishing organization in front of the old L apartment M& Dong.

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. A written statement of I;

1. Details of DNA conversations with the suspected criminal suspect;

1. Details of remittance of victims;

1. Data by facsimile of a bank transaction receipt;

1. Application of the statutes governing transaction details in the name of G Bank A;

1. Relevant provisions concerning facts constituting an offense;