logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.08.12 2020고단2078
금융실명거래및비밀보장에관한법률위반방조
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

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 October 2, 2019, the Defendant: (a) around October 2, 2019, issued a proposal to the effect that “the Defendant is operating a casino in the Bara, B, and customers are recruited to exchange money from the casino to the Korean money.” (b) On the ground that the Defendant would withdraw the money deposited in a foreign casino and deliver it to the employees, the Defendant would pay a fee of KRW 2,00,000 per 10,000 to the Korean employee.” (c) and (d) the Defendant accepted the said proposal by being aware of the circumstances that the Defendant was trying to engage in a financial transaction with the Defendant’s account for the purpose of “laundry” in a name of money evasion and tax evasion.

On October 22, 2019, the Defendant: (a) informed the Defendant of the C association account (D) and passwords in the name of the Defendant to use them in the transaction at the request of Kakao Stockholm, etc. within the train; and (b) withdrawn KRW 5 million deposited in the said account by the financial fraud victim at the C association ATM equipment near the F Station located in Seoul, Jung-gu, Seoul, and then delivered it to the non-existent male.

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. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A certificate of confirmation, a certificate of transfer transaction, a certificate of dialogue, each finance-related data, subscriber conference, Kakakao Stockholm dialogue, investigation report (net 17), and the application of statutes on the contract;

1. Article 6 (1) of the Act on Real Name Financial Transactions and Guarantee of Secrecy relating to the pertinent Article of the Act on Criminal Facts and the Selection of Punishment;

arrow