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(영문) 대구지방법원 서부지원 2020.05.19 2019고단3156
금융실명거래및비밀보장에관한법률위반방조
Text

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

except that the execution of the above punishment shall be suspended for 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 or financing of terrorism, evasion of compulsory execution, and other evasion of the law.

Nevertheless, the Defendant, around July 8, 2019, received a proposal from a person who was unaware of his name to the effect that “Korea is an electronic equipment company and is seeking cash withdrawal in order to save taxes, and withdraws the money from the account to pay 3% of the amount of the money as commission,” and then consented to the proposal, so that he would notify the person who was unaware of name of the name of the Defendant of the bank account number (C) in the name of the Defendant to the transaction and use the bank account number (C) in the name of the Defendant, and then, in accordance with the direction of the person who was unaware of his name, withdrawn 2,90,000 won in cash at the E Union's mountain point located in Daegu-gu, Seo-gu, Incheon, and delivered it to the person who was unaware of his name.

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 written statement;

1. Application of Acts and subordinate statutes to the contents of the Kakao Stockholm conversation, a certificate of transfer, a request for financial transaction information and reply, and details of entrance transactions;

1. Article 6 (1) and Article 3 (3) of the Act on Real Name Financial Transactions and Confidentiality and the Selection of Punishment for Facts constituting an offense; the choice of imprisonment;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) that the defendant acknowledges the crime of this case, and there is no record of punishment heavier than the fine);

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