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(영문) 서울북부지방법원 2020.01.22 2019고단4827
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

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 March 15, 2019, the Defendant received a proposal that “The Defendant received a transfer from a person B, who was not in contact, to the Defendant’s account, and withdrawn the transfer to the Defendant, and then requested our employees to deliver it,” and received a proposal that “the Defendant’s account in the name of the Defendant to the evasion of the law of the said person’s name.”

Accordingly, the Defendant informed the above name-based person of the account number (D) of the C Bank in the name of the Defendant, and the above name-based person was transferred KRW 26 million from B to the C Bank account in the name of the Defendant through the crime of telephone financial fraud on the same day.

Accordingly, the Defendant aided and aided 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. Each police interrogation protocol against the accused;

1. B written statements;

1. Application of a written confirmation of the results of transfer, each investigation report (the primary response data attached to a search, seizure and verification warrant -E bank, Cbank), and A specification of transactions Acts and subordinate statutes;

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

1. Articles 32(2) and 55(1)3 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 provides an account to a person who is promised to pay a monetary consideration for sentencing and is not well aware of the existence thereof, thereby allowing him/her to use it for the crime of telephone financial fraud, thereby causing a bona fide third party. It is necessary to make a strict sentence.

However, the defendant.

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