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(영문) 대구지방법원 경주지원 2019.09.11 2019고단253
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 becomes 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 or financing of terrorism, evasion of compulsory execution, or any other evasion of the law.

On December 2, 2018, the Defendant received a proposal that “The Defendant would pay 1% of the amount of remittance of the face value to purchase bitcos in the bitcos account” from the person who was not the name of the Defendant (one name “B”) as commission. The Defendant, despite being aware of the fact that the said proposal is aimed at evading the law, such as concealing illegal property or evading the government’s crypt regulation (such as inducing transactions in the real name financial transaction account, restricting the limit of investment amount, preventing tax evasion, etc.), issued a letter of intent to provide the Defendant’s account to the evasion of the law of the person who was not the name of the Defendant in response to the proposal, and issued the FID, password, and password, which is the business bank account in the name of the Defendant (C), D (E), and bitco transaction site.

Since then, on December 26, 2018, the person who was unaware of his/her name was misrepresented to the victim G and called "it is necessary to verify whether the account of the victim was used for the crime. It is true that the money in the account is deposited to the Governor A of the Financial Supervisory Service and it is true that the account is not the one for circulation. It is proved that the money in the account is not the one for circulation." The money was wired from the victim to the above company bank account in the name of the victim at KRW 16:18,00,000 on the same day and KRW 57,80,000 on the same day.

On the same day, the Defendant transferred KRW 156 million out of KRW 157,800,000,000 to the above company bank account under the name of the victim, and notified the above person under the name of the Defendant to J Messenger. The Defendant had the above person under the name was aware of in advance, using the Defendant’s F Exchange ID, password, and the aboveOTP password, so that he purchased bitcos with the above KRW 156,000,000,000 by using the Defendant’s F Exchange D, password, and the above OTP password.

This is the defendant.

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