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(영문) 대구지방법원 2020.01.30 2019고단6108
금융실명거래및비밀보장에관한법률위반방조
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

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.

Nevertheless, on August 27, 2019, the Defendant received a proposal from a person without his/her name to the effect that “the Defendant shall withdraw and deliver money deposited in the Defendant’s account because he/she is a company manufacturing the ELD product and is soliciting persons to receive sales proceeds in lieu of the sales proceeds in order to reduce taxes.” In response, he/she received a proposal from a person without his/her name to offer an account under the Defendant’s name to the evasion of the law of the person without his/her name.

Around that time, the Defendant informed the name-free person of the account number B (C) of the Defendant’s name and made him use for the transaction, and sent KRW 5 million to the above account by the telephone financial fraud crime committed by the name-free winner, and deposited KRW 1 million out of the above amount to the account designated by the name-free winner at the North Korean branch of the FF association E located in the Gyeonggi-si, Busan-si.

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. Defendant's legal statement;

1. Written petition of D;

1. Application of Acts and subordinate statutes on a copy of a deposit slip without passbook, request for financial transaction information, reply, details of deposit and withdrawal transactions, data printed out of G language, and details of withdrawal transactions;

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, the selection of fines, and the selection of fines;

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 of the provisional payment order: Circumstances in which the account provided by the defendant was used for the crime of telephone financial fraud, causing damage:

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