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(영문) 서울북부지방법원 2019.10.15 2019고단3682
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall conduct financial transactions under the real name of another person for the purpose of evading the law.

Nevertheless, on April 26, 2019, the Defendant received a proposal from a person under whose name the Defendant misrepresented to borrow a loan to the Defendant, stating that “It is difficult to lend credit at present, and it is possible to obtain a loan after setting up credit rating by setting up the account transaction performance. It is necessary to deposit corporate funds into the company fund, and then pay it to employees, or deposit it into the domestic bank’s own account.”

On April 26, 2019, the Defendant: (a) deposited KRW 7.5 million, which was transferred to the account under the name of the Defendant (C Bank E) at the Cheongju-si Office of Cheongju-si in accordance with the direction of the person who was killed in the name of the Defendant, at the Cheongju-si Office of the C Bank in accordance with the direction of the person who was killed in the name of the Defendant; and (b) transferred the money to the account under the name of the said D (F Bank G) designated by the person who was wounded in the name of the Defendant

As a result, the Defendant aided and abetted 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. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation (execution of warrants and securing CIF, etc.);

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) of the Criminal Act;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Considering the fact that the defendant is the first offender, the violation of his criminal act, and the fact that he seems to have no profit acquired from the crime in this case);

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