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(영문) 수원지방법원 안양지원 2019.08.29 2019고단1111
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 8, 2019, the Defendant was sentenced to 8 months of imprisonment with prison labor for fraud and 2 years of suspended execution in the Suwon District Court, and the judgment became final and conclusive on May 16, 2019.

【Criminal Facts】

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

On February 25, 2019, the Defendant: (a) reported and contacted “an advertisement seeking to find a job with a large amount of information” on the Internet at an off-site location; (b) received the statement from a person without a name (one name B); and (c) “In preparation for two passbooks and two physical cards to purchase chips on behalf of the person who purchased the chips on the Hong Kong Mara Casino; and (d) received money for gambling from Makao, then withdrawn it and deliver it to the person concerned; and (e) KRW 500,000 per day to deliver it to the person concerned”; and (c) received such statement, the Defendant attempted to offer the new bank account under the name of the Defendant to the evasion of the law of

Accordingly, around that time, the Defendant informed the beneficiary of the new bank account (D) in the name of the Defendant through C in the name of the Defendant. On March 4, 2019, the beneficiary was transferred KRW 50 million from E to the above new bank account in the name of the Defendant through the telephone financial fraud crime. On March 4, 2019, the Defendant was refused to pay KRW 50,000,000 to the above bank account, and the Defendant was not able to pay KRW 50,000,000 to the above bank account from the Hong Kong casino near.

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. Copy of the police statement of E;

1. A detailed statement of electronic financial transfer and account transaction;

1. C dialogue content;

1. Details of entry or departure;

1. Previous records of judgment: Application of criminal history records, investigation reports (report on the facts which are crimes before the final judgment of this case) and statutes;

1. Article 6 (1) of the Act on Real Name Financial Transactions and Guarantee of Secrecy relating to the pertinent Article of the Act on Criminal Facts and the Selection of Punishment;

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