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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
From October 18, 201 to October 18, 201, the Defendant and C demanded F, the person in charge of the credit division and the economic division of the said branch, to make a statement of transactions from October 1, 2007 to October 18, 201, in relation to three personal accounts, which are the contents of G financial transactions, and one corporate account, which is the financial transaction of H farming association corporation with the representative director, from October 1, 2007 to October 18, 201.
Accordingly, the Defendant conspiredd with C to require a person engaged in a financial company to provide transaction information.
Summary of Evidence
1. Legal statement of witness F;
1. Application of Acts and subordinate statutes to request each provision of financial transaction information;
1. Articles 6(1) and 4(1) of the Act on Real Name Financial Transactions and Confidentiality, Article 30 of the Criminal Act, the selection of fines for criminal facts
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. Defendant and his defense counsel’s assertion
A. The Defendant merely sought F from G and H farming association (hereinafter “G, etc.”) a way to receive the account transaction details from G and H farming association (hereinafter “G, etc.”) and does not require transaction information.
B. Even if the Defendant demanded F to trade information, G, etc., it constitutes a justifiable act that does not go against the social rules in light of the prevailing circumstances.
C. The Defendant did not have the awareness of illegality since the Defendant did not request transaction information with the accusation on the ground that F would be able to receive transaction information upon the submission of the accusation.
2. Determination
A. According to the above evidence, the defendant sufficiently recognized the fact that he requested transaction information, such as G, as stated in the above facts constituting the crime.
B. The phrase “act that does not contravene social norms” as stipulated in Article 20 of the Criminal Act is in the spirit of the entire legal order or its surroundings.