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(영문) 대전지방법원 천안지원 2019.08.23 2019고단802
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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, or other evasion of the law.

Nevertheless, on April 2, 2018, the Defendant: (a) received a proposal from a nameless person claiming a “trade company’s employee” to the effect that “to provide a passbook to receive money remitted from a foreign country to evade export-import-related tax; and (b) to pay 100,000 won per day when he withdraws and delivers the deposited money; and (c) notified the named person above the named person of the Defendant’s deposit account number (D) on the same day; and (d) made him use for the said transaction on May 2, 2018; and (b) withdrawn KRW 20,000,000, and KRW 15,000,000 and KRW 15,000,000 from G and in the vicinity of the G and the river basin in front of Yongsan City to use the deposited money by transferring the deposited money to the person under whose named person was above; and (c) made a transfer of the deposited money to the account of the Defendant’s named person.

As a result, the Defendant aided and abetted 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. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to report on investigation (the details of the sending warrant for seizure and the submission of CCTV photographs at the time of withdrawal);

1. Relevant legal provisions concerning criminal facts, Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy, Article 32(1) of the Criminal Act, and choice of imprisonment;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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