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(영문) 서울남부지방법원 2020.10.29 2020고단4609
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment for six 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 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.

Nevertheless, the Defendant, upon receiving the proposal from a person under whose name the Defendant was named, sent money deposited to another account designated by him, or withdrawn money in cash, and sent it to a door-to-door transfer. The Defendant accepted the proposal, which stated, that “The Defendant was willing to offer BF number in the name of the Defendant to the above evasion of the law, and sent KRW 1.8 million out of KRW 4.7 million from April 1, 2019 to the Defendant’s residence in Gangseo-gu Seoul Metropolitan Government D apartment E, the Defendant sent money to the HF bank account in the name of G bank (I) designated by the said person under whose name the Defendant was named, and then sent KRW 2.7 million from the Defendant’s residence to the Defendant’s neighboring ATM, and then sent it to a door-to-door account as instructed by the said person.

Accordingly, the Defendant assisted and aided the Defendant by facilitating 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 of the police statement concerning F;

1. Application of Acts and subordinate statutes, such as a detailed statement of transfer, details of conversation, details of closure on the website, details of deposit by J, and closure photographs of the conversation;

1. Relevant Article of the Act on Real Name Financial Transactions and Confidentiality concerning facts constituting an offense and Articles 6 (1) and 3 (3) of the Act on Real Name Financial Transactions and Confidentiality, and Article 32 (1) of the Criminal Act (Selection of Imprisonment);

1. Article 32 (2) and Article 55 (1) 3 of the Criminal Act for statutory mitigation (a crime committed by aiding and abetting);

1. The following circumstances are the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as follows).

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