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(영문) 의정부지방법원 고양지원 2020.02.13 2019고단2758

금융실명거래및비밀보장에관한법률위반방조

Text

The defendant shall be innocent.

Reasons

1. No person prosecuted shall conduct financial transactions under the real name of another person for the purpose of evading the law;

On April 24, 2019, the Defendant: (a) made a monetary loan to persons who do not have ordinary loans; (b) made the virtual currency transaction account in the name of the Defendant and made the loan up to 60% of the transaction details; (c) notified the ID and password after making the virtual currency transaction account in the name of the Defendant; (d) received a proposal from the Defendant’s bank account to the effect that “where money is deposited into the said virtual currency account, transfer money to the said virtual currency account”; and (c) received the proposal from the Defendant, with the intention of providing the account in the name of the Defendant to the evasion of the law of the winners

Accordingly, on April 30, 2019, the Defendant informed the Defendant of the account number B bank (C) in the name of the Defendant using the Kakakakao Stockholm to the non-indicted, and the name non-indicted 1 received KRW 39,00,000 from D around May 3, 2019 through the telephone financial fraud crime, and KRW 10,000,000 from E around 17:19 on the same day.

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

2. The purpose of the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Real Name Financial Transactions and Confidentiality”) is to realize economic justice and promote the sound development of the national economy by carrying out financial transactions under the real name (hereinafter “real name”) and by protecting financial secrets through normalized financial transactions (Article 1). The term “financial transaction” refers to the act of financial companies, etc. to import, trade, repurchase, etc. financial assets (Article 2 Subparag. 3). The term “real name” refers to the name on the resident registration card, the name on the resident registration certificate, etc. (Article 2 Subparag. 4). The term “Real name refers to the name on the resident registration certificate, and the name on the resident registration certificate, etc.” The term “Real Name Financial Transactions and Confidentiality Act” refers to the concealment of illegal property under Article