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(영문) 서울남부지방법원 2020.03.25 2019고단5703
금융실명거래및비밀보장에관한법률위반방조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

On January 10, 2019, the Defendant: (a) received a proposal from a person who was named in his/her name during the police station of Seoul, on the following occasions: (b) transferred a physical card connected to the account under the name of the Defendant to obtain loans by raising credit points; (c) confirmed that the transferred physical card was used for telephone financial fraud; and (d) was charged of violating the Electronic Financial Transactions Act; and (e) was subject to suspension of indictment on April 12, 2019 after he/she was investigated as a suspect by the Seoul, Yeongdeungpo-gu Police Station as a suspect on March 10, 2019.

On April 11, 2019, the Defendant, at around 10:25, proposed that “AD Bank E division,” who misrepresented “D Bank E division,” and “Afforddd to obtain a loan of KRW 3 million at an interest rate of KRW 6.8% per annum through the process of creating a transaction performance of withdrawals. It is reasonable to deposit money with a party’s own account, and then to withdraw the money and deliver it to the employee.”

However, the Defendant had already been investigated by an investigative agency due to suspicion of violating the Electronic Financial Transactions Act, and even though he was aware that the act of cooperating with the above person without the name was highly likely to be used for an evasion of the law, such as telephone, financial fraud, etc., the Defendant was willing to provide the F Bank account under the name of the Defendant to the evasion of the law of the person without the name of the person with the name, thereby allowing the person with the name of the accused to use the above account number for

Then, at around 14:45 on April 12, 2019, the person under whose name the account was omitted received KRW 5 million from H to the above FF bank account in the name of the defendant. On the same day, at around 15:33 on the same day, the defendant directly withdrawn the entire amount from the FF bank account under the order of the above person under the name of the FF bank account, and then deposited the said amount into the JF bank account in the name of the KF bank account in the name of the KF bank account and delivered it to the above person under whose name the account was

Accordingly, the defendant does financial transactions under the real name of the defendant who is another person for the purpose of evading the law.

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