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(영문) 인천지방법원 2018.05.31 2018고단2102
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment for six months.

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

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, raising funds for terrorism, evading compulsory execution, or any other evasion of law.

On November 15, 2017, the Defendant came to know of the mobile phone advertising through the mobile phone advertising “B team leader” from the “B team leader,” who was a representative company for the export of the vehicle, and then withdraws the vehicle price deposited in the account, and then delivers the money to the related persons at 10%.

“In response to the proposal, the Defendant’s account was presented to the evasion of the law of the “B team leader”.

The Defendant, around that time, informed the Saemaul Treasury Account (C) in the name of the Defendant to use it for the transaction, and pursuant to the direction of the above “B Team leader” at the location of the Saemaul Depository located in Gwangjin-gu around November 17, 2017, the Defendant deposited the said account in the said account by withdrawing KRW 12 million and KRW 20 million deposited in the said account by the victim E, and then delivered the account of the Defendant to a female under the name of the victim E, thereby using the “B team leader” in order to receive money from damage related to telecommunications fraud.

Accordingly, the Defendant assisted the Defendant to conduct financial transactions under the real name of the Defendant who is another person for the purpose of evading this law.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Answer to a warrant of search and seizure;

1. Application of Acts and subordinate statutes to report on investigation (Submission of Victim Data);

1. Relevant Article of the Act on Real Name Financial Transactions and Confidentiality, Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Confidentiality, Article 32(1) of the Criminal Act, and Article 32(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant is an account of an evasion of the law of his name in the desire to raise high profit during a short period of time.

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