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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall conduct financial transactions under the real name of another person for the purpose of evading the law.
On April 2019, the Defendant: (a) received a proposal from a person with no name in the name of the first police officer, stating, “I would pay 3% of the face value of money deposited in the account to the employee by exchanging money; (b) I would return money deposited in the account and deliver it to the employee; and (c) attempted to offer the account in the name of the Defendant to the evasion of the law, such as gambling and gambling of the person with no name or the illegal exchange.”
Accordingly, on April 8, 2019, the Defendant informed the deceased police officer of the name bank account (Account Number C) in the name of the Defendant, received KRW 4,280,000 from D to the above B bank account on April 8, 2019, and withdrawn the full amount from the branch of the B bank’s account on the same day, and then delivered it to E.
Accordingly, the Defendant assisted and aided the Defendant by facilitating 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. Statement made to D by the police;
1. Response to a request for financial transaction information;
1. Application of Acts and subordinate statutes on investigation reports (report attached to materials submitted by a suspect) and dialogue details;
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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to two years;
2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission
Unfavorable circumstances: The instant crime is committed.