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(영문) 수원지방법원 성남지원 2019.08.23 2019고단1352
금융실명거래및비밀보장에관한법률위반방조
Text

Defendant shall be punished by a fine of three 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.

Around January 2019, the Defendant received a letter of loan advertisement from a person without the name of the Defendant and consulted with him on a commercial name, saying, “The credit rating is low, thereby raising the credit rating by means of law. When entering the passbook of the Party, the Defendant shall transfer it to a virtual account to put up credit by accumulating performance, and shall be exempted from transferring the account under the name of the Defendant to an evasion of the law of the person without the name of the Defendant.” In response to the statement that “When entering the passbook of the Party, the Defendant shall be exempted from transferring the account to the virtual account, and if entering the passbook, transfer the account.”

Accordingly, the Defendant informed the B Bank Account (C) in the name of the Defendant by telephone at a place where the same day is unknown, and the person in default of the name was transferred KRW 4 million from D through the telephone financial fraud crime around January 16, 2019 to the said B Bank Account, including the receipt of each remittance of KRW 6 million from D to the said B Bank Account. From January 15, 2019 to January 16, 2019, the Defendant was transferred KRW 100,170,000 in total over 20 times, as shown in the attached list of crimes.

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. Statement to E by the police;

1. A written petition and a written statement;

1. Reports on internal investigation and investigation reports;

1. Application of Acts and subordinate statutes on the correspondence data for B Bank Warrant;

1. Articles 6 (1) and 3 (3) of the Act on Real Name Financial Transactions and Confidentiality 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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