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(영문) 인천지방법원 2019.06.20 2019고단3357
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 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 March 19, 2019, the Defendant: (a) received a proposal from a person who was unaware of his name on March 19, 2019 that “a loan can be made at low interest, and there is a lack of transaction details so that the deposited money can be deposited; (b) requested our employees to withdraw the deposited money; and (c) received the loan performance in response to the proposal, with the intention of providing the account in the name of the Defendant to the evasion of the law of the person who was not

Accordingly, the Defendant, around that time, informed the person under whose name the account number and password of the bank account C, and the person under whose name the person under whose name the account was named was named, sent the amount of KRW 15.4 million to the above B bank account on March 21, 2019. On March 21, 2019, the Defendant, around 10:25, sent the amount of KRW 15.4 million to the B bank account at around 15:00 of the same day, and then withdrawn KRW 26 million to the said B bank account, and directly conveyed the amount to the employees known to the person under whose name the person under whose name the account was named, thereby allowing the person under whose name the account was named, to use the Defendant’s account for the remittance

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. E statements;

1. Application of Acts and subordinate statutes to certificates of transaction and written provision of financial transaction information;

1. Article 6 (1) and Article 3 (3) of the Act on Real Name Financial Transactions and Confidentiality, Article 32 (1) of the Criminal Act, the selection of fines, and the selection of fines, respectively, for criminal facts;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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