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(영문) 광주지방법원 2020.07.24 2019고단3892
금융실명거래및비밀보장에관한법률위반방조
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years 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, around March 26, 2019, the Defendant had the intention to provide B bank accounts and post office accounts under the name of the Defendant to the above-mentioned person in accordance with the proposal of the under-paid person’s name, stating that “In order to obtain a loan, it is possible to lend money. If the money is deposited, it is possible to search for the money and deposit it into another account.”

Accordingly, on April 5, 2019, the Defendant informed a person who was unaware of the name of the Defendant to use each of the above accounts under the name of the Defendant for the transaction. On April 5, 2019, the Defendant transferred KRW 2.5 million to the above post office account in the name of the Defendant to the above post office account in the name of the Defendant around 16:27 of the same day according to the direction of the person who was the victim of telecommunications-based financial fraud at around 16:27, and then, during the period from 17:06 to 17:11 of the same day, the account was withdrawn in cash from the E bank located in Seo-gu, Seo-gu, Seo-gu, Gwangju and deposited into the account designated by the person who was unaware of the name was used

On April 5, 2019, the Defendant continued to transfer from 18:08 to 18:10 on April 5, 2019, KRW 1.7 million, which was deposited in the said B bank account under the name of the Defendant by the F, a telecommunications-based financial fraud victim, from 18:08 to 18:10 on the same day, to the above post office account under the name of the Defendant. On the same day, around 18:10 on the same day, the Defendant made a withdrawal from the E bank in cash to the account designated by the recipient of the non-deposit in name, and used the account under the name of the Defendant to receive the transfer of

Accordingly, the defendant is the defendant who is a person with no name for the purpose of evading the law.

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