logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.01.16 2019고단5554
금융실명거래및비밀보장에관한법률위반방조
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

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 March 25, 2019, the Defendant received a proposal from a person without a name, to the effect that “if the money exchanged is deposited into the Defendant’s account after having registered his account by joining the illegal gambling site, he will withdraw and deliver the money,” at a place where it is impossible to identify a place, and instead, he received a proposal from the person without a name, to the effect that “in the event that the money exchanged is deposited into the Defendant’s account, he will withdraw and deliver the money.” In response, the Defendant

On March 26, 2019, the following day, the Defendant entered the illegal gambling site in which he/she was notified of the winners of his/her name, and registered the Defendant’s association account (C) and lent it to the Defendant for the transaction, and when D was transferred to the said account, 3 million won was deposited in the telephone financial fraud crime by a person who was unable to receive his/her name, and transferred all of them to the person designated by the winners of his/her 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. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes of search, seizure and verification warrant reply;

1. Article 6 (1) and Article 3 (3) of the Act on Real Name Financial Transactions and Confidentiality concerning the relevant criminal facts and the Selection of a fine, 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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was known that his account was used for an evasion of the law, and the liability for the crime of this case is not easy.

However, the defendant commits a crime.

arrow