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(영문) 청주지방법원 2019.07.23 2019고단1008
금융실명거래및비밀보장에관한법률위반방조
Text

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

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

Reasons

Punishment of the crime

No one shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering or financing of terrorism, evasion of compulsory execution, or any other evasion of the law.

On August 13, 2018, the Defendant provided a loan consultation with his name-free and mobile phone B Messenger, and the Defendant: (a) received a proposal from his name-free purchaser to “to keep the transaction details at least 10 million won through the work loan to 40 million won; and (b) “to keep the transaction details at the work loan; to send the copy of the passbook”; and (c) received a proposal from his name-free purchaser to offer the account under the Defendant’s name to the evasion of the law.”

Accordingly, the Defendant sent his bank account (Account Number: D) photo to the above bearers and made them used for the transaction around that time. On August 20, 2018, the bearers deceiving E, which is the victim of Bophishing on August 20, 2018, and received 22 million won from E to the bank account under the name of the above Defendant.

When the Defendant deposited the money from the said Cbank account, on August 20, 2018, the Defendant transferred the money from his post account (Account Number:F) to his post office account on August 20, 2018, and then withdrawn the full amount of money from the G Complex H Association in the Gu Office G Complex in the Cheongju-si, and delivered I sent the money from the above bearer in the vicinity.

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. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the criminal place (in addition of suspects), investigation reports (Attachment to the judgment of the relevant persons I), and two copies of the judgment;

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

1. Assistance and mitigation under Articles 32(2) and 55(1)3 of the Criminal Act

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