logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.01.22 2019고정1198
금융실명거래및비밀보장에관한법률위반방조
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

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

Nevertheless, around March 6, 2019, the Defendant received a proposal from a person who misrepresented B staff and provided an account under the name of the Defendant to the evasion of the law of the person who did not receive the name, “if he borrowed the name of one vehicle, he would pay KRW 2-3 million.”

Accordingly, around that time, the Defendant informed one bank account (Account Number: C) in the name of the Defendant to use it for the transaction, and the name-disscamist deceivingd D, the victim of Bophishing, thereby receiving KRW 570,000 from the above Defendant’s account under the name of the said Defendant on March 7, 2019, and the Defendant withdrawn the amount of damage deposited as above and deposited it into the account designated by the non-scamist.

Accordingly, the Defendant assisted the Defendant to conduct 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. Protocol concerning the examination of each police suspect with respect to E or F;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 6 (1) and Article 3 (3) of the Act on Real Name Financial Transactions and Confidentiality concerning facts constituting an offense and Article 32 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow