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(영문) 대구지방법원 서부지원 2020.05.13 2019고단3723
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 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 May 23, 2019, the Defendant: (a) received a proposal from an unqualified person on his name to the effect that “I need an account under the name of another person to pay taxes; (b) transfer money deposited in the Jeju City account to an account informing him of the money deposited in the Jeju City with the registration of the account; and (c) received the proposal that “I will pay KRW 70,000 per day on the face of the transfer to the account informing him of the money deposited in the Jeju City account; and (d) received it

Accordingly, the Defendant informed the Defendant of B’s account number (C) in the name of the Defendant to the Kakakao Stockholm on the same day, and the name omitted was transferred from the victims totaling KRW 11,060,000 from seven victims around May 24, 2019 through the crime of fraud of used goods.

Accordingly, the Defendant assisted and aided the Defendant by facilitating financial transactions under the real name of the Defendant for the purpose of evading the law.

Summary of Evidence

1. Defendant's legal statement;

1. A petition and a written statement;

1. Application of the Kakao Stockholm dialogue legislation

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. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that he/she repents wrongs and does not have any gains acquired);

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