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(영문) 서울북부지방법원 2020.01.10 2019고정1488
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 May 2019, the Defendant received a loan consultation through a false name or a telephone contact who assumes the “BC team leader” from a deceased person, and purchased gift certificates from a deceased person’s name to make a substitute loan by raising transaction performance, and delivered them to our employees. In response to the proposal, the Defendant used the account in the name of the Defendant to provide the account to the evasion of the law of the deceased person’s name.

Accordingly, the Defendant around that time notified the bank account (E) in the name of the Defendant in accordance with the direction of the above person who was unable to perform his/her duties, and the above person who was unaware of his/her name was named as “L” on May 1, 2019, although the F.-A. F. F. F. F. F. F. F. F. F. F. F. L., the victim of the singishing, was clearly written

F by deceiving F to transfer KRW 15 million to the account in the name of the said accused.

When the Defendant deposited the amount from the said account as above, on May 1, 2019, the Defendant collected the amount of KRW 15 million from H to 5 million in Seoul Special Metropolitan City Nowon-gu on the same day, and purchased gift certificates of KRW 10 million in the amount of KRW 5 million from J in Seoul Special Metropolitan City, Nowon-gu, and delivered the same day to the number of non-persons who sent the above non-registered name on the same day.

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. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Each reference data of a warrant of search, seizure, and verification (D bank, K Bank);

1. Application of Acts and subordinate statutes on financial transactions in the principal;

1. Relevant Article of the Act on Real Name Financial Transactions and Confidentiality concerning facts constituting an offense;

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