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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
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 April 17, 2019, the Defendant accepted the proposal from the person under whose name the Defendant was not the party to the name, to the effect that the Defendant would pay the consideration upon the transfer to the former address known to him by purchasing and informing him of the right to deposit money with the party’s account. After accepting the proposal, the Defendant informed him of the account number (C) of the bank in the name of the Defendant.
Since then, the person who was unaware of his name, by deceiving D as the so-called “Scishing” method, had D transfer KRW 51 million to the above B bank account under the name of the defendant, and the defendant purchased Ecryption equivalent to KRW 50,230,000,000,000, excluding KRW 770,000,000,000,000,000,000,000 won, from among the remitted money to the “E” exchange, and transferred the Ecrypt to the address of the former
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. Partial statement of the defendant;
1. An interrogation protocol of the police officer against the accused (including the attachedF dialogue, etc.);
1. Statement made to D by the police;
1. The defendant and his defense counsel asserted that the defendant did not constitute aiding and abetting because he was aware that he was for an evasion of the law, but this court has to conduct financial transactions under the real name after the enforcement of the Act on Real Name Financial Transactions and Confidentiality, i.e., the following circumstances acknowledged by each evidence duly adopted and investigated by this court: