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(영문) 춘천지방법원 강릉지원 2020.06.11 2020고단175
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

No one shall conduct a financial transaction under the real name of another person for the purpose of concealing illegal property under subparagraph 3 of Article 2 of the Act on Reporting and Using Specified Financial Transaction Information, money laundering under subparagraph 4 of the same Article, financing of terrorism and evading compulsory execution under subparagraph 5 of the same Article, and other evasion of the law.

On October 29, 2019, the Defendant: (a) received a proposal to the effect that “The Defendant would pay not less than 100,000 won a day to money deposited in lieu of the gambling money of the sports earth site,” and accepted it, and (b) sent B bank account (C) under the name of the Defendant to the evasion of the law of the person who has not received the name; and (c) notified B bank account number to the person who has not received the name.

Accordingly, on November 15, 2019, the person under whose name the person under whose name the payment was made was made, by making a false statement to the effect that “D may grant a low interest loan, which should first be repaid for the existing loan.” On November 19, 2019, he received KRW 4,000,000 from D to the said B bank account and received the said B bank account from the said B bank account, and the Defendant withdrawn the said money in cash upon the direction of the person under whose name the payment was made, delivered it to the person under whose name the payment was made, or remitted it to another account.

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. Statement made to D by the police;

1. A certificate of deposit and a certificate of details by transaction account;

1. Data on a report on internal investigation (Attachment to B replys) and B replys;

1. A list of transactions of self-reliance deposits;

1. Details of conversation with the suspect and non-standing Kakaoook;

1. B account details of the suspect;

1. Application of Acts and subordinate statutes on investigation reports (organization of details of deposits and withdrawals into and out of suspect accounts), and details of deposits and withdrawals;

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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