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(영문) 의정부지방법원 2020.05.14 2020고정496
금융실명거래및비밀보장에관한법률위반방조
Text

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

If the defendant does not pay the above fine, KRW 100,000.

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 April 15, 2019, at a place where a place is unknown, the Defendant: (a) heard that “the head of the Si/Gun/Gu will pay 3% of the money exchange amount to the employees of the money exchange station by visiting a text message “the head of the Si/Gun/Gu” and communicating it to the employees of the Republic of Korea; (b) holding that “the head of the Si/Gun/Gu will pay 3% of the money exchange amount to the employees of the money exchange station,” and (c) holding that “the head of the Si/Gun/Gu will pay the money to the Korean employees in cash upon deposit to the account in the name of the party; and (d) holding that the Defendant’s account

Around that time, the Defendant informed the Defendant of the bank account (C) in the name of the Defendant through the Kakao Stockholm in the name of the Defendant, and the Nonparty received KRW 8.5 million from D through the telephone financial fraud crime around April 18, 2019 to the said B bank account in the name of the Defendant, and the Defendant withdrawn KRW 8 million from the B bank account in cash at the Kakao Guno Guno Guno Guno Guno Guno Guno in the name of the Defendant, and delivered it to F.

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. Copy of the statement made to D by the police;

1. Spatial photographs of the suspect F and A;

1. Application of Acts and subordinate statutes on internal investigation reports (Submission of Contents of Kakao dialogue);

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

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

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;

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