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(영문) 부산지방법원 동부지원 2021.01.28 2020고정657

금융실명거래및비밀보장에관한법률위반방조

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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.

On November 29, 2019, the Defendant offered a proposal to the effect that “to get loans by raising credit rating by means of accumulating false transaction records,” from a person without his/her name, and accepted the proposal, which led the Defendant to provide a bank account under the name of the Defendant to the evasion of the law of the person with no name.

Accordingly, the Defendant, by telephone call at the above day, notified the account number (B) of a bank in the name of the Defendant to the person who was not the name of the Defendant, and ordered the person who was not the name of the Defendant to receive KRW 22,00,000 from C through the crime of Bosing around November 29, 2019, and used the above new bank account by receiving KRW 22,00,000 from C through the crime of Bosing at around November 29, 2019. At that time, the Defendant withdrawn the above money and exchanged it with merchandise coupons and sent it to D before Busan metropolitan area.

Accordingly, the Defendant, as seen above, made it easy for the Defendant to conduct financial transactions under the real name of another person for the purpose of evading the law.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on replies A to the nominal holder of a receipt for public use of the statement by the police in relation to C;

1. Relevant Article of the Act on Real Name Financial Transactions and Confidentiality and Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Confidentiality concerning facts constituting an offense, Article 32(1) of the Criminal Act, and Article 32(1) of the Criminal Act, the selection of fines

1. Statutory mitigation (Article 32 (2) and Article 55 (1) 3 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;