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(영문) 서울북부지방법원 2020.10.20 2020고정544
금융실명거래및비밀보장에관한법률위반방조
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 or financing of terrorism, evasion of compulsory execution, or any other evasion of the law.

On August 2, 2019, the Defendant: (a) received a proposal from a person who was named in the name of the Defendant, that “Korea is a company engaged in money exchange business against overseas residents; (b) is conducting an offering of part-time services assisting money exchange business; and (c) the foreign customer withdraws the money requested from money to his own account and delivers it to the other party employees designated by him; and (c) notified him of the bank account in the name of the Defendant.”

Around August 8, 2019, the Defendant withdrawn KRW 23 million from the personnel of the Hyishing Criminal Investigation Division’s false statement that “The Defendant is an investigator of the 2-bank branch in Dongjak-gu Seoul Metropolitan Government District Public Prosecutor’s Office, which was established in the name of the party, and whose family members cannot engage in financial transactions for one year unless he/she transfers money to the designated account,” and then delivered it to the collection books designated by the victims of name failure. The Defendant was used to receive the money from the Defendant’s name failure to receive the money from the Defendant’s account.

Accordingly, the Defendant assisted the Defendant to conduct financial transactions under the real name of another person for the purpose of evading the law.

Summary of Evidence

1. Partial statements of each police interrogation protocol against the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as recording records and the contents of Kakao Stockholm dialogue with the Buddhist;

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

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