금융실명거래및비밀보장에관한법률위반방조
The defendant shall be innocent.
1. No person who is a summary of the facts charged 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 June 10, 2019, the Defendant: (a) received text messages on a loan advertisement, and (b) received the text messages, “The Defendant partially repaid the loan because the loan has no longer been extended to the present time; (c) Company B will lose its obligation to pay the loan on behalf of the company; (d) in order to obtain the loan, it should have higher transaction performance; and (e) if another bank borrowed a substitute loan, it will be conducted in an examination; and (e) in order to create the transaction details where the loan was incurred, it would have deposited the money in the name of his own employee to withdraw the money to the employee and transfer the transaction results to the employee; and (e) in response to the proposal, the Defendant had expressed his intention to provide the account in the name of the Defendant to the evasion of the law of the name of the person who has not been paid the name.
Accordingly, the Defendant informed the above person of the Defendant’s Cbank D account, and the person under whose name the account the victim was made to transfer KRW 4 million to the above C Bank account on June 11, 2019. On the same day, the Defendant released KRW 4 million from the C Bank Busan Branch of the C Bank located in F at Sinpo City on the same day, and then directly delivered it to the employee who was known by the above person under whose name the deceased was known at the c Bank D account in the vicinity of the U.S. Station in the same city, and used the Defendant’s account to receive the remittance of damage related to the telephone financial fraud.
Accordingly, the Defendant assisted the Defendant to conduct financial transactions under the real name of another person for the purpose of evading the law.
2. On the grounds delineated below, Defendant cannot be punished as aiding and abetting the offense of violating the Act on Real Name Financial Transactions and Guarantee of Secrecy.
The facts charged alone reveal that an evasion of the law as stated in the facts charged of this case’s transaction performance.