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(영문) 창원지방법원 진주지원 2020.02.05 2019고단1659
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one shall conduct a financial transaction under the real name of another person for the purpose of concealing illegal property under subparagraph 3 of Article 2 of the Act on Reporting and Using Specified Financial Transaction Information, money laundering under subparagraph 4 of the same Article, financing of terrorism and evading compulsory execution under subparagraph 5 of the same Article, and other evasion of the law.

On May 8, 2019, the Defendant received a proposal from the name and non-scaming staff who misrepresented the “Makao Amal Exhibition” from the Defendant to the effect that “Korea high-ranking group will come to gambling in Makao, and will pay for the money of gambling in a local currency in the future with the Makao card,” and then went to the Republic of Korea on or around the 9th of the same month, the Defendant got out of the Republic of Korea using the Makao card.”

On the 10th of the same month, the Defendant: (a) deposited KRW 20 million from D, the victim of Bosing, at around 13:14 on the same day, at around 14:37 on the 10th of the same month, China, who was sent by the winners of the above name; (b) purchased a visual range of KRW 9,532,601 from E’s sales store in Hong Kong, at around 14:37 on the same day; and (c) returned it to China in a local currency equivalent to the same amount at the site; and (d) received KRW 45,00,000 from three victims as shown in the attached list of crimes, and then received KRW 4818,043 from the three victims on deposit, and then exchanged and withdrawn KRW 45,000,000 among them in local currency, and then transferred the Defendant’s account to the Chinese purchaser of the above name.

As a result, the Defendant assisted the said member 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. The police statement concerning F;

1. Application of Acts and subordinate statutes on each specification of transactions, financial institution reply data, and Kakakao dialogue;

1. Criminal facts;

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