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(영문) 부산지방법원 동부지원 2020.01.30 2019고단2134
금융실명거래및비밀보장에관한법률위반방조
Text

Defendants shall be punished by imprisonment for four months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who is a defendant A 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, evading compulsory execution, or any other evasion of the law;

On February 14, 2019, the Defendant was sentenced to a fine of KRW 5 million for violating the Electronic Financial Transactions Act in Busan District Court's Dong Branch.

On March 2019, the Defendant: (a) received a proposal from the first police officer on March 2019, stating that “The Defendant would substitute for a fine of KRW 5 million, if he/she would allow a third party to use the account by withdrawing the money deposited in the account, and delivering the money deposited in the account via Kwikset service article; and (b) provided the Defendant’s name bank account (Account Number E) in the name of the Defendant’s seat to the evasion of the law.”

On March 14, 2019, the Defendant informed the nameless beneficiary of the number of the said D Bank in the name of C to use it for the transaction. On the same day, on March 15, 2019 and on March 16, 2019, the Defendant sent the number of KRW 12 million deposited from the account in the name of F Company F to the above D Bank account from the nameless beneficiary’s account. On March 15, 2019 and on March 16, 2019, the Defendant sent the number of KRW 6 million to the nameless beneficiary through the Kwikset Service article sent by the nameless beneficiary.

Accordingly, the Defendant aided and abetted financial transactions under the real name of another person C for the purpose of evading the law.

2. 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 March 2019, the Defendant is unable to use the name account in which the account is required to be deposited with the illegal gambling from the person who was not the deceased in his name.

the account number shall be known.

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