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(영문) 수원지방법원 성남지원 2019.10.02 2019고단1825
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment for six months.

except that 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, or financing of terrorism and evading compulsory execution under subparagraph 5 of the same Article, and other evasion of the law.

On May 2, 2019, the Defendant received a proposal from a person without his name, stating that “3% of the trading amount will be paid to the Chinese Exchange on the face of the day it purchases virtual currency instead of virtual currency and sells it to the Chinese Exchange. If the account number is notified, the Defendant shall be deposited to the account, and the money shall be released to the address of the electronic wallet which was designated by purchasing and designating the virtual currency with the money,” and had the account in the name of the Defendant offered the account to the evasion of the law of the person without the name.

On May 2, 2019, the Defendant transferred KRW 9,620,00,00, out of KRW 9,920,000 deposited in the new bank account (C) account under the name of the Defendant to the new bank account (C) in the name of the Defendant, and purchased bitcos, and sent the amount to the address of the electronic branch where the said non-indicted was known to the Defendant. On the same day, the Defendant sent the amount of KRW 73,00,000 and the name non-paid amount of KRW 73,00,000 deposited in the new bank account of the said new bank account of the victim E, including F, G, H, I, J, and K, sent the amount of KRW 60,140,000, KRW 37,630,000,00 to the said D account, and then sent the amount to the above non-indicted’s name to the address of the said purchaser, and then inform the above total number of KRW 390,301,00.

Accordingly, the Defendant assisted the Defendant to make a financial transaction under the real name of another person for the purpose of evading the law.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written petition;

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