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(영문) 대구지방법원 2020.05.19 2020고단841
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment for four 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 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 November 26, 2019, the Defendant received a proposal from a person who was named in the name of the Defendant to the effect that it would not pay 10% tax if he transfers the goods to an account notified by us in lieu of any money that cannot be returned directly from the company due to tax, and in response, he had the intention to offer the account under the name of her name to the evasion of the law of the person who was named in the name of the Defendant.

On November 27, 2019, the Defendant informed the person under whose name the account was entered in B bank account number (C) in the name of the Defendant to be used for the transaction, and the person under whose name the person under whose name the account was entered in was false by deceiving D through a telephone financial fraud crime, and received KRW 4,10,000 from the above account around 16:50 on November 29, 2019.

Upon the transfer of the above money, the Defendant continued to withdraw 4 million won in cash from the TPPM in Daegu Northern-gu, Incheon-gu, in accordance with the direction of the person who was unable to receive his name, and remitted each of the above money to the account ordered by the person who was unable to receive his name by dividing one million won.

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. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Statement made to D by the police;

1. Application of the transfer specifications, investigation reports (Submission of Suspect AKakao Stockholm dialogue), and the Kakao Stockholm dialogue content statutes;

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;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. The sentence of suspended execution under Article 62(1) of the Criminal Act is more favorable than the reasons for sentencing.

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