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(영문) 서울동부지방법원 2020.05.14 2020고정292
금융실명거래및비밀보장에관한법률위반방조
Text

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 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, around April 2, 2019, the Defendant offered an account with which the accounts to be used on the illegal soil site from a person who has not been registered at his own residence in Songpa-gu Seoul Metropolitan Government, upon receipt of a proposal to offer KRW 2.50,000,000 each time it exchanged to the relevant account, and then offered an account of illegal soil site (E) connected to the Defendant’s bank account (D) through Kakakao Stockholm. On the same day, at around 14:23 of the same day, at the deposit amount of KRW 6 million from the said account, the Defendant withdrawn the money transferred to the said account from the person who has not been registered and sent it to his own employee. On the other hand, the Defendant provided the name recipient who sent the above name recipient at Hbank ATM equipment on the 1st floor in Seongbuk-gu Seoul Metropolitan City, Seongbuk-gu, Seoul Metropolitan City, to withdraw the full amount of the money in cash by providing the above C bank account card and password to the person who has not been registered.

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. Return on financial transaction information;

1. Application of Acts and subordinate statutes to a report on investigation (where data are attached);

1. Article 6 (1) and Article 3 (3) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 32(2) and 55(1)6 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The so-called phishing crime has occurred using a financial account provided by the defendant, and the defendant has committed the crime of forging public documents.

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