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(영문) 대구지방법원 서부지원 2020.04.08 2019고단2623
금융실명거래및비밀보장에관한법률위반방조
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

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 May 2019, the Defendant: (a) heard the statement from a person whose name was unknown to the police officer, that “I would like to borrow money from B to another place in order to make a transaction performance; and (b) to recover the deposited money by transferring it to the virtual currency account; and (c) had the intent to offer the account under the name of the Defendant to an evasion of the law.”

Accordingly, on May 28, 2019, the Defendant informed a person who is unable to know the name of the Cbank (D) account under the name of the Defendant, and the said person received KRW 5.7 million from E through the telephone financial fraud crime around 11:51 on May 28, 2019.

As a result, the Defendant assisted and aided a person whose name is unknown 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. Application of Acts and subordinate statutes on police statement to E;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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