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(영문) 대전지방법원 천안지원 2019.09.04 2019고단1205
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

No one shall conduct a financial transaction 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, financing of terrorism and evading compulsory execution under subparagraph 5 of the same Article, and other evasion of the law.

On November 26, 2018, the Defendant: (a) received a proposal from a person who is named as “Exporter B C’s team leader of an export-related enterprise” to the effect that “to provide the account number to evade customs duties on the transaction amount during the export-related business; (b) transfer the deposited money to another head of a Tong; (c) to pay KRW 70,000 per day; and (d) to pay KRW 350,000 per annum; and (d) received it; (c) around November 28, 2018, the Defendant’s deposit account number (F) in the name of the Defendant E Bank (F); (d) around December 1, 2018, the Defendant’s G number (H) deposit account in each of the above transactions; (e) around 00 days from 00,000 won to 10,000 won per annum 20,000 won per annum 10,000 won per annum 31,2018.

Therefore, the total amount of damage amount of KRW 8,640,000 shall be corrected to KRW 8,270,000.

the C head of the team in question used the Defendant’s account to transfer the money from the Defendant’s account.

Accordingly, the defendant's failure to perform financial transactions under the real name of another person for the purpose of evading the law.

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