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(영문) 대전지방법원 천안지원 2017.06.23 2017고단738
금융실명거래및비밀보장에관한법률위반방조
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall engage in financial transactions 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 Use of Certain Financial Transaction Information, money laundering under subparagraph 4 of the same Article, or raising funds for public intimidation under subparagraph 5 of the same Article, evading compulsory execution, or evading other evasions.

On August 18, 2016, the Defendant received a proposal stating that “B” from the person “B” who became aware of a mobile phone advertisement through a mobile phone advertisement, to “to deal with printed items, and to offer 5% of the amount of withdrawal from the face value to a fee for the purpose of tax evasion, on the ground that another person’s account is required for tax evasion.” After accepting such proposal, the Defendant was willing to offer the account under the name of the Defendant to the evasion of the law of the said “B.”

On the same day, the Defendant informed “B” of the No. B’s account number (C) in the name of the Defendant and made it used for the said transaction. On the 25th day of the same month, the Defendant released KRW 10 million deposited in the said account by the person who suffered from scam, and KRW 23.4 million deposited in the said account by the victim E, such as 10 million deposited in the said account and the victim E deposited in the said account, and delivered the said “B” account to the person who was under the name in the name in the northwest of the Y, etc. of the same day, thereby using the said “B” account of the Defendant to receive the money from scaming damage.

Accordingly, the Defendant assisted and abetted the Defendant to conduct financial transactions under the real name of another person (Defendant) for the purpose of evading this law.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Details of transactions and response to financial accounts;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article of the Act on Real Name Financial Transactions and Confidentiality, Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Confidentiality, Article 32(1) of the Criminal Act, and Article 32(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 32(2) and Article 55(1) of the Criminal Act for mitigation of assistance.

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