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(영문) 대구지방법원 2020.08.19 2019고단6657
금융실명거래및비밀보장에관한법률위반방조
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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.

Nevertheless, on September 9, 2019, the Defendant received a proposal to the effect that, at a place where the location is unknown, he would pay daily allowances to the Defendant’s account designated by the Defendant’s account in order to save taxes. In response, the Defendant received a proposal to the effect that “I will pay daily allowances if I send it to the account designated by the Defendant’s account to save taxes.”

around that time, the Defendant informed two bank account numbers B (C and D) in the name of the Defendant to use them for the transaction, and the name-dissponsor received KRW 580,00 from the above account (C) on September 10, 2019 by deceiving E through the Internet fraud, and then received a total of KRW 11,810,00 from around that time to September 17, 2019, and received a total of KRW 6810,00 by the above method as shown in the list of crimes in the attached Table of Crimes from around that time, and caused the unsponsor to remit it to the account designated by the Defendant’s F account, or remitted it to the account directly designated by the Defendant.

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. The defendant's statement on the second trial date in court;

1. Each account statement in E, G, H, I, J, K, L, M, N,O, and P, output of dialogue, and each deposit certificate;

1. Application of Acts and subordinate statutes to report internal investigation in the police (account data submission and results of analysis);

1. Relevant Articles 6 (1) and 3 (3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy and Article 32 of the Criminal Act, each of the choice of punishment and punishment;

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

1. The Criminal Act among concurrent crimes.

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