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(영문) 인천지방법원부천지원 2020.09.11 2020고단2345
금융실명거래및비밀보장에관한법률위반방조
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall engage in a transaction under the real name of another person for the purpose of concealing illegal property, money laundering or financing of terrorism, evading compulsory execution, or any other evasion of the law.

On September 17, 2019, the Defendant: (a) received the word “assigning Korean branch staff to a company which provides convenience to the well-known persons at an overseas resort site”; and (b) contacted the said word with Kakakakakao Stockholm Dydi as indicated in the foregoing text, and (c) received a proposal from the person under whose name the name the Defendant had not been paid the name, stating, “I will give 25-350,000 won per day when I withdraw and deliver the money remitted to the Defendant’s account; and (d) received the proposal, and agreed to offer the account under the name of the Defendant to the evasion of the law of the person under whose name the name had not been paid.”

On September 23, 2020, the Defendant sent B bank account (C) in the name of the Defendant to the person who was unaware of his name. On September 24, 2020, the Defendant received KRW 23,330,000 from the victim D through the telephone financial fraud crime around September 24, 2020, and the Defendant received KRW 23,330,000 from the Plaintiff to the said account. On September 24, 2020, the Defendant issued a false statement stating that “the money remitted to the bank staff from the bank staff in accordance with the direction of the person who was not killed in his name to his name was remitted from the B BankF located in the Seo-gu, Busan Metropolitan City on the same day.”

Accordingly, the Defendant assisted and aided the Defendant to conduct financial transactions under the real name of the Defendant for the purpose of evading the law.

Summary of Evidence

1. The Defendant’s written statement of the police on the police interrogation protocol D on the Defendant’s legal statement - the statement of communication between the victim and G on September 19, 2019 - the details of transfer (the details that KRW 23.3 million was transferred to the Defendant’s account) - the statement of financial transaction information reply (the Defendant’s account) - the text messages details are H companies I.

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