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(영문) 서울중앙지방법원 2020.10.14 2019고단5529
사기방조
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall conduct financial transactions 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, or financing of terrorism and evading compulsory execution under subparagraph 5, or other evasion of the law.

Nevertheless, around December 7, 2018, the Defendant accepted the proposal that “I would withdraw and deliver the money deposited with the sports Saturdays” through the Kakakao Stockholm via the Kakao Stockholm, and would offer the account under the name of the Defendant to the evasion of the law of the person who has not received the statement.”

Accordingly, the Defendant, around December 11, 2018, released the damage amount of KRW 3.8 million deposited by E, the victim of the said name in cash at the point of the Hague column of the B Bank located in Gangnam-gu Seoul, Seoul, at around 15:00 on December 14:0, 2018, from the point of view of the above name in the name of the Defendant’s account number to be used for the transaction. At around 15:00 on the same day, the Defendant withdrawn the damage amount of KRW 3.8 million deposited by E, the victim of the said name in cash and delivered it to the non-specific male in front of the F building located in Gangnam-gu Seoul, Gangnam-gu, Seoul, at around 15:00 on the same day, by the same method as the list of crimes in attached Form No. 12, from December 12, 2018.

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. Police suspect interrogation protocol of the accused;

1. G statements;

1. Details of the conversation between the Korean Pharmacopoeia and the Kakao Stockholm;

1. A copy of bankbook;

1. Application of Acts and subordinate statutes to investigation reports (to hear victim E phone statement);

1. Article 6(1) and Article 3(3) of the Act on Real Name Financial Transactions and Confidentiality regarding criminal facts and the selection of sentence, Article 32(1) of the Criminal Act, and Article 1 of the fine.

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