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(영문) 대구지방법원서부지원 2020.08.27 2020고단1013
금융실명거래및비밀보장에관한법률위반
Text

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

However, 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 person shall conduct financial transactions under the real name of another person for the purpose of evading the law.

On August 22, 2019, at the Internet “B” website, the Defendant received a proposal stating that “The Defendant will pay 5% fee for casino money exchange twitt” in contact with the trading partner,” and received the proposal, and then sent the Defendant’s name agricultural bank account (C) to the Defendant, and left the Republic of Korea on August 27, 2019.

On September 2, 2019, at around 14:24, the Defendant continued to deposit KRW 58 million with the said Agricultural Cooperative Account in the name of the Defendant, the victim of the said financial transaction, and transferred KRW 58 million in total to the account in the name of E four times from 15:59 to 16:02 on the same day, and then received KRW 2,393,700 from E and received KRW 2,393,700, and used the Defendant’s account for receiving KRW 28 million from F, the victim of the said financial transaction in the name of the Defendant to receive KRW 17:24 on the same day.

As a result, the Defendant assisted the Defendant to conduct financial transactions under the real name of another person for the purpose of evading the law of the person who was killed in the above name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Text messages, the 112 Report Processing table, the account details, the certificate of transfer transaction, the certificate of confirmation of the agricultural bank account, the job offer advertisements, the Kakao Stockholm dialogue data, and the current status of entry and departure of each individual;

1. Application of the Act and subordinate statutes to the investigation report (No. 15,16);

1. Article 6(1) and Article 3(3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy regarding criminal facts and the Selection of Punishment, Article 32(1) of the Criminal Act and Article 32(1) of the Criminal Act;

1. Aid and mitigation Criminal Act.

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