logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 대구지방법원서부지원 2020.10.16 2019고단2787
금융실명거래및비밀보장에관한법률위반방조
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

A summary of the facts charged in the instant case may not engage in financial transactions under the real name of another person for the purpose of evading the law.

On May 27, 2019, the Defendant: (a) heard the statement that “In order to obtain a loan with a larger amount of money, it must extend the period at which the Defendant had worked previously; (b) as if monthly payment was made, the Defendant would be exempted from withdrawing money from the account and remitting money to the account notified at the time of payment,” and (c) informed the Defendant of the B account number (C) in the name of the Defendant with the intention of offering the account under the name of the Defendant to the evasion of the law of the person who has not received the above name, with his consent.”

After that, on May 28, 2019, the above-mentioned person was transferred KRW 11,960,000 from D to the above-mentioned account in the name of the defendant through telephone financial fraud crime.

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

2. The Act on Real Name Financial Transactions and Confidentiality (hereinafter “Act on Real Name Financial Transactions”) provides that no person shall engage in a financial transaction under the real name of another person for the purpose of concealing illegal property under Article 2 subparag. 3 of the Act on Report on and Use of Certain Financial Transaction Information, money laundering under subparagraph 4, or financing of terrorism under subparagraph 5, evasion of compulsory execution, and other evasion of the law (Article 3(3)). The aforementioned purpose of the Act is to punish another person’s act of conducting a financial transaction under the real name (Article 6(1)). In light of the legislative purpose and content of the Act on Real Name Financial Transactions and Confidentiality, “other evasion of the law” under Article 3(3) of the Act should reach the extent that it corresponds to the concealment of illegal property, money laundering, financing of terrorism, and evasion of compulsory execution.

In this case, the defendant is in order to obtain a consistent loan from an investigative agency to this court.

arrow