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(영문) 수원지방법원 안산지원 2020.02.13 2019고정1012
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.

Nevertheless, on August 12, 2019, the Defendant accepted the proposal that “Around August 12, 2019, the Defendant shall pay overseas remittance from an employee of the telephone financial fraud assistance company in the name of the Defendant to a purchasing agency of overseas service. A corporation is limited to KRW 3 billion per month in which the purchase limit is granted, but an individual may be exempt from tax until KRW 600 million per month in which the overseas remittance is made. It is possible for the individual to pay 1% of the transaction amount at the time of foreign exchange transfer to the designated Hong Kong account.” The Defendant received the proposal and notified the Defendant’s new bank account (B) and received KRW 17,098,000 from the Defendant to the Defendant’s account.

In addition, at around 12:30 on the same day, the Defendant transferred 16,943,220 won ($ 108,525) remaining after deducting the fee from the money remitted to the said account from Mai-si, Gwangju-si, the Defendant assisted the Defendant to conduct financial transactions under the real name of another person (the Defendant) for the purpose of evading the law, by exchanging the money in the name of D Hong Kong HSBC bank account (E) designated by the said person who was not entitled to receive the above name.

Summary of Evidence

1. Defendant's legal statement;

1. The authenticity and statement of the F;

1. Application of the details of transfer transactions and reply data of financial institutions Acts and subordinate statutes;

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

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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