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(영문) 서울서부지방법원 2020.08.20 2020고단1248
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment for not less than eight 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

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 November 2019, the Defendant: (a) received a proposal from a nameless person who was aware of on the Internet, stating, “The Defendant would give incentives of KRW 1,500,000 per month of basic salary at the time of the piracy to transfer investment money to a foreign country; (b) considered that the said person who was unaware of the name was trying to transfer illegal funds to a foreign country using his account in the name of the Defendant, such as profits acquired from the operation of the illegal gambling site, but he accepted the proposal for the purpose of receiving a high amount of money; and (c) notified the account number (C) in the name of the Defendant through the telegram to the person who was unaware of the name.

On November 25, 2019, the Defendant transferred KRW 11,577,720 out of KRW 15,00,00 deposited into the said bank account under the name of the Defendant’s name in accordance with the direction of the person who was unable to perform his/her duties at a false place on November 25, 2019 to the E account under the name of D (F), and continuously deposited KRW 2,953,00 in the name of the Defendant’s account under the name of G in accordance with the order of the person who was unable to perform his/her duties at the place in the name of the Defendant’s name. On November 27, 2019, the Defendant wired KRW 13,606,150 out of the sum of KRW 14,890,00 deposited into the said B bank account under the name of the Defendant, and deposited KRW 80,000,000 in the name of the said person under the name of the J bank under the name of the Defendant.

As a result, the Defendant aided and abetted the unsatisfying of 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, and other evasion of law.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;

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