logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2019.10.23 2019고정185
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 conduct a financial transaction under the real name of another person for the purpose of concealing illegal property under subparagraph 3 of Article 2 of the Act on Reporting and Using Specified Financial Transaction Information, money laundering under subparagraph 4 of the same Article, financing of terrorism and evading compulsory execution under subparagraph 5 of the same Article, and other evasion of the law.

On April 26, 2019, the Defendant accepted the proposal that “I would make a transaction statement when I would know the number of the party in question,” from the person who referred to as “B Bank C Agency”, and would allow the Defendant to get a loan of the Muss passbook,” and had the account in the name of the Defendant offered to the evasion of the law of the person who received the said name.

Around that time, the Defendant informed the victim of the above name in the name of the Defendant to use the bank account (number E) in the transaction. On May 3, 2019, the victim of telecommunications-based financial fraud by deceiving the F, which is a telecommunications-based financial fraud victim, to receive KRW 25 million from F.

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. A written statement;

1. Application of Acts and subordinate statutes to details of account transfer, data on financial transaction and investigation reports (limited to attachment to documents submitted by a person under a name of the D bank account A);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow