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(영문) 춘천지방법원 원주지원 2016.05.30 2016고단350
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property under subparagraph 3 of Article 2 of the Act on Reporting and Using Specified Financial Transaction Information, money laundering under subparagraph 4 of the same Article, or raising funds for public intimidation under subparagraph 5 of the same Article, evading of compulsory execution, or evading other evasion of law.

On August 19, 2015, the Defendant promised to “on the part of the Defendant’s account to receive KRW 1,600,000,000,000 from a person who was named as an organization of telecommunications financing fraud (one-stamping phishing) to “on the part of allowing the Defendant to use the Defendant’s account for the purpose of cutting down cells,” and used the Defendant’s account to provide the Defendant’s account to the evasion

On August 19, 2015, the Defendant: (a) around the subway entry zone in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City); (b) informed his nameless person of the serial number (C) the company bank account number in the name of the Defendant; and (c) made it available for a non-nameless person to receive the said account to transfer the amount of damage related to telecommunications financing fraud.

As a result, the defendant assisted the above-mentioned person 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. A protocol concerning the examination of suspect of each public prosecutor under D or E;

1. Each report on investigation;

1. 위 챗 대화내용 법령의 적용

1. Relevant Article of the Act on Real Name Financial Transactions and Guarantee of Non-Borrowing of Punishment concerning the crime; Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Guarantee of Non-Loan; Article 32(1) of the Criminal Act: Selection of imprisonment with prison labor;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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