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(영문) 대전지방법원 2020.06.25 2020고단1288
금융실명거래및비밀보장에관한법률위반방조
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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, financing of terrorism, evasion of compulsory execution, and other evasion of the law.

Nevertheless, on November 12, 2019, the Defendant accepted a proposal of “to give money exchange business that operates online and off-line casino online in the Philippines and deposits money to the domestic site users,” and then, recognized that the above bearers are conducting financial transactions by means of the Defendant’s account in the name of the Defendant for the evasion of law, such as illegal gambling, etc., while recognizing that the account number (B Bank C, D Association E, F Bank G), the account number of the Defendant’s account (B Bank C, D Association E, and F Bank G), which was deposited in B bank account in H in Jung-gu Seoul, Jung-gu, Seoul. On November 29, 2019, the Defendant released the money exchange business from B Bank account to the above bank account (C) and delivered the name to the Nonparty.

Accordingly, the Defendant assisted and aided the Defendant by facilitating financial transactions with another person's real name for the purpose of evading the law.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Details of transactions and account transactions;

1. Application of the Kakakao Stockholm Acts and subordinate statutes prescribing the contents of the conversation;

1. Article 6(1) and Article 3(3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy regarding criminal facts and the Selection of Punishment, Article 32(1) of the Criminal Act and Article 32(1) of the Criminal Act;

1. Articles 32 (2) and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. The reason for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant has contributed considerable to the occurrence of damage caused by the phishing crime by the instant crime, and that the defendant both recognize and reflects the instant crime, and that the defendant is the first offender who has no record of criminal punishment.

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