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(영문) 대전지방법원천안지원 2020.08.18 2020고단1315
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 23, 2018, the Defendant heard the statement that “I would like to pay a fee of KRW 1 million per day by leasing an account to be used in washing cash. I would like to pay a fee of KRW 1,00,000 per day by leasing the account to be used in washing cash.” On the face of August 23, 2018, the Defendant sent the Cbank D Number in the name of CbankB operated at the time, and had the intention to provide it to the evasion of the law of the deceased.

On August 30, 2018, when the Defendant remitted KRW 40,000,00 from the F Bank G account in the name of E to the above (B) bank account in the name of E, the Defendant, at around 14:05 on the same day, transferred KRW 5,00,000 to the H Bank I account in accordance with the direction of the person who was unable to obtain his/her name, and transferred KRW 40,000,000 to the H Bank I account on six occasions as described in the list of crimes, such as remitting KRW 5,00,000,00 from the F Bank account in the name of E; around 15:48, the Defendant transferred KRW 25,05,885 from the F Bank account in the name of B to the above (B) account in the name of the person who was unable to obtain his/her name, and transferred KRW 16:23,00,000 to the M Bank account in the name of the above person who was named.

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. Statement to E by the police;

1. A written petition and a certificate of deposit transaction performance;

1. Details of response to each account;

1. Application of Acts and subordinate statutes concerning report on internal investigation (B representative A);

1. Criminal facts;

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