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(영문) 창원지방법원진주지원 2020.08.12 2020고단869
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment for six months.

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

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, financing of terrorism, evasion of compulsory execution, or other evasion of the law.

Around November 2019, the Defendant received a proposal from a person under whose name the company operates an illegal sports earth company to the effect that “if the account number is known, the Defendant would deposit money to be remitted to the sending company, etc. of online publicity text messagess, and would pay daily allowances if it is delivered to the company, etc.,” and around that time, notified the nameless person of his/her name B bank account number (C) in the name of the Defendant. On December 17, 2019, at around 15:45, the Defendant sent 2.5 million won to the above account, which was demanded to withdraw this money from the nameless person and deliver it through Kwikset Services. On the same day, the Defendant released 2.5 million won from the named person and then sent it to the article of Kwikset Services by the former E in the named person on the road in Jjin-si, around 15:58 of the same day.

In this respect, I aided and aided and abetted financial transactions under the real name of another person for the purpose of the evasion of law.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to deposits without passbooks, warrant answer materials, and message outputs;

1. Article 6(1) and Article 3(3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy regarding criminal facts and the Selection of Punishment, Article 32(1) of the Criminal Act and Article 32(1) of the Criminal Act;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Article 62 (1) of the Criminal Act (a confession or a person who has no criminal record for the same kind of crime; no profit actually acquired);

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