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(영문) 서울서부지방법원 2019.09.24 2019고단2339
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

On March 20, 2015, the Defendant was indicted on the charge of violating the Electronic Financial Transactions Act on the ground that he/she transferred the means of access under the name of the Defendant in response to the proposal that “the Defendant would have lent the passbook and physical card at the expense of the case of lending the passbook.” At the time, the Defendant came to know well in the course of being investigated that he/she had abused the means of access for committing the crime of “wrishing” in the name of the means of access that he/she transferred. A person who intends to use another person’s account, etc. was informed of the fact that the purpose of his/her transaction was illegal or problematic, and that he/she intended not to externally disclose his/her transaction during the course of investigation.

No person shall conduct financial transactions under the real name of another person for the purpose of evading the law.

Nevertheless, the Defendant, as an employee of the crime investigation officer of the prompt name “Sphishing”, accepted a proposal that “the credit rating for obtaining a loan should be set up by means of text messages, etc. from a person under whose name the director in charge of loan was misrepresented, with low credit rating.” The Defendant accepted the proposal that “the credit account number to obtain a loan is known by accumulating the transaction performance.”

After March 2019, the Defendant notified the Defendant of the B Account Number (D) in the name of the Defendant at the residence of the Defendant in Eunpyeong-gu Seoul, Seoul.

Ultimately, on March 15, 2019, the above person who received KRW 5.5 million from E, KRW 4.4 million from F, and KRW 8.5 million from G through the above B account known by the defendant around 11:05 on March 15, 2019.

Accordingly, the Defendant assisted and aided the Defendant to make financial transactions with the name of the Defendant for the purpose of evading the law as above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. A list of relevant cases and a copy of a written decision not to prosecute;

1. Each of the Acts and subordinate statutes shall report the investigation.

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