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(영문) 의정부지방법원 2018.04.17 2017고단5802
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 under subparagraph 3 of Article 2 of the Act on Report on and Use, etc. of Certain Financial Transaction Information, money laundering under subparagraph 4 of the same Article, or raising funds for public intimidation under subparagraph 5 of the same Article, evading of compulsory execution, or any other evasion of law.

On June 21, 2017, the Defendant, on the Internet, was aware of the profits accrued on the day, and “B from a person who was unaware of his name, who posted a letter “,” was a precious metal seller. To reduce taxes, the Defendant withdrawn the sales proceeds from the Defendant’s account and paid KRW 1 million to the employees of the company in return for the real estate transfer. The Defendant heard the horses to pay KRW 1 million in return for the real estate transfer, notified the new bank account number in the name of the Defendant, and expressed it to the evasion of the law.

On June 22, 2017, the Defendant: (a) withdrawn KRW 12,00,000, out of KRW 22,000,000 that was transferred to the said account from the new bank head cancer, which was 454 paths, at the time of the Gyeonggi-si in Gyeonggi-si in 12:5 on June 22, 2017; and (b) withdrawn KRW 10,000,000 from the gold point of a new bank located in the office building of the Government on the same day, and used the said account for the same person to receive the transfer of damage related to the fraud of goods.

As a result, the defendant assisted the above-mentioned person to conduct 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. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to deposited receipts, financial reply data, and CCTV response data;

1. Article 6(1) and Article 3(3) of the Act on Real Name Financial Transactions and Confidentiality; Article 32(1) of the Criminal Act; Article 32 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. The Criminal Act, the suspension of execution;

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