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(영문) 대전지방법원 천안지원 2019.05.16 2019고단210
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall conduct a financial transaction under the real name of another person for the purpose of concealing illegal property under subparagraph 3 of Article 2 of the Act on Reporting and Using Specified Financial Transaction Information, money laundering under subparagraph 4 of the same Article, financing of terrorism and evading compulsory execution under subparagraph 5 of the same Article, or other evasion of the law.

On August 2018, the Defendant: (a) received a proposal from a person who was named in the name of the Defendant, using a mobile phone advertising word, to make a transaction by a general passbook, other than the company passbook, for the purpose of evading taxes; (b) 2-5% of the amount of the withdrawal from the face to the account; (c) notified the person who was named in the name of the Defendant to use the above transaction; (d) around August 20, 2018, the Defendant released KRW 440,000 won deposited in the above account; and (e) sent the name of the said female bank near the above account to the above female bank; and (e) released KRW 13:48 of the same day from the company bank located in Seo-gu, Seo-gu, Seocheon-gu, Incheon; and (e) sent the money deposited in the above account to the said female bank that was named in the name of the said female bank; and (e) withdrawn from the above account to the said female bank that was deposited in the name of the said female bank near the above account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to remittances or answer materials (B);

1. Relevant Article on criminal facts, Articles 6 (1) and 3 (3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy, and Article 32 (1) of the Criminal Act (Selection of Imprisonment);

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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