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(영문) 대구지방법원 의성지원 2020.04.23 2020고단61
금융실명거래및비밀보장에관한법률위반방조
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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.

On January 2019, the Defendant: (a) received a proposal from a person without his name at a place where it is unknown; (b) stated that “I would pay 3% of the remittance amount as allowances to money deposited in the Defendant’s account to a designated account in order to save taxes; and (c) received a proposal from a person with no name to the law of the law of the law of the person with no name.”

The Defendant, around that time, notified the account number of post offices B in the name of the deceased and used for the transaction. On the 18th of the same month, C transferred KRW 5,91,800 to the above account to the Internet fraud crime of the deceased and the deceased, thereby withdrawing it from the deliberation post office on the 23th day to the account designated by the deceased and disabled.

As a result, the Defendant aided and abetted financial transactions with another person's real name for the purpose of evading the law.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Statement to C by the police;

1. C Written petition;

1. Application of Acts and subordinate statutes to personal financial transactions books, reply materials, seized materials, and seized materials (written statements of deposits without passbooks);

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the arguments of this case are shown in the following circumstances: Defendant’s age, environment, character and conduct, motive for committing a crime, means and consequence of a crime, and the circumstances after committing a crime.

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