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(영문) 서울서부지방법원 2020.10.15 2020고단1955
금융실명거래및비밀보장에관한법률위반방조
Text

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

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

Reasons

Punishment of the crime

No one shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering or financing of terrorism, evasion of compulsory execution, or any other evasion of the law.

On October 2019, the Defendant: (a) received a proposal from a person who was unaware of the name who introduced himself, “BC team leader,” which was known to the Defendant on the Internet, to pay 2% of the commission to the casino business entity, if he lends the passbook to be used in the side of the casino business entity; (b) in cash withdrawal and transfer of money deposited into the account; and (c) considered that the said person was trying to illegally exchange the profits acquired in the course of operating the casino business by using the account in the name of the Defendant, the Defendant accepted the said proposal for the purpose of receiving the fixed fee, and sent a photograph of the account number of community credit cooperatives (D) in the name of the Defendant to the person who was unaware of the name.

On October 25, 2019, the Defendant: (a) withdrawn KRW 6 million deposited in the account of the said community credit cooperative account under the name of the Defendant in cash and sent it to the person who received the said name by the Defendant at a unsound place in Mapo-gu Seoul, Mapo-gu, Seoul; and (b) according to the direction of the person who received the said name.

As a result, the Defendant aided and abetted the unsatisfying of financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering or financing of terrorism, evasion of compulsory execution, and other evasion of law.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecution and the police interrogation of the accused;

1. E’s authentic statement and written statement;

1. Application of Acts and subordinate statutes on public receipt and financial data;

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

1. Assistance and mitigation.

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