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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year 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, or any other evasion of the law.
Nevertheless, on October 17, 2019, the Defendant received a proposal from a person without his name to the effect that he will pay allowances if he sent to an account designated by the Defendant’s account in order to save taxes, at a place where the place is unknown. In response, the Defendant received a proposal from a person with no name to the effect that he will offer an account under the name of the Defendant to the evasion of the law of the person with no name.
At that time, the Defendant informed the name-dissured person of the number of B bank account numbers (C) in the name of the Defendant, and sent KRW 2 million to the Internet fraud of the name-dissured person on the 18th day of the same month, when D wired the amount of KRW 2 million to the above account, the Defendant withdrawn it from the F Bank border account of the F Bank account in Busan City-si E and remitted it to the account designated by the unsured person
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. Statement by the defendant in court;
1. The police statement and the trading ledger with regard to D;
1. Application of the statutes on output of conversation;
1. Relevant Article on criminal facts, Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy, Article 32 of the Criminal Act, and choice of imprisonment;
1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act - the time of and against the commission of a crime
There is no history of punishment.
- The Defendant’s account lending and remittance caused damage to the victims of Boishing.
The above circumstances include the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and results of the crime of this case, and the circumstances after the crime.