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(영문) 창원지방법원 2020.02.05 2019고단3602
금융실명거래및비밀보장에관한법률위반방조
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall conduct financial transactions under the real name of another person for the purpose of money laundering and other evasion of the law.

On July 3, 2019, the Defendant: (a) received a proposal from a person who was not the name of the victim in the name of the Defendant to receive the employee from the company’s customer price in lieu of the company’s customer price; and (b) received a proposal from the company’s employee to deliver 3% of the transaction price to the employee when the company price was deposited in the bank account in the name of the party; and (c) notified the account number (D) of the Defendant’s name and the account number (F) of the bank, and had the Defendant use it in the transaction so that he/she helps to commit an evasion of law, such as evasion of tax by a person who was not the victim

On July 4, 2019, the name-free person instructed the defendant to transfer the money deposited into the above account without passbook to the account in cash and notify the defendant of the withdrawal of the money deposited into the above account, through the telephone financial fraud crime, G to transfer the amount of KRW 4.8 million to the above E bank account under the name of the defendant, and from July 4, 2019 to July 5, 2019, he had the defendant transfer the sum of KRW 12.25 million in total to the C bank account and E bank account under the name of the defendant from July 4, 2019 to July 5, 2019, as shown in the list of crimes in the attached list of crimes. The defendant deposited the above money to the account the name-free person instructs.

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. G statements;

1. Application of the remittance transaction certificate, the certificate of transaction without passbook, the B dialogue contents, and the details of account transactions Acts and subordinate statutes;

1. Article 6 (1) and Article 3 (3) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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