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(영문) 의정부지방법원 2021.01.22 2020노180
금융실명거래및비밀보장에관한법률위반방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant gave the name of its passbook, etc. to a person who is infinite with the intent to obtain a “work loan” by deceiving a financial institution, such as a bank, etc. regarding the Defendant’s loan qualification; (b) thereby conducting illegal loans by deceiving the financial institution, such as a bank, etc.; and (c) the Defendant was aware that it was an abnormal loan method by himself/herself, and thus, the Defendant had intention to assist the Defendant in the evasion of the law of the principal offender’s act.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. The summary of the facts charged in this case shall not engage in financial transactions under the real name of another person for the purpose of evading the law.

On March 21, 2019, the Defendant is allowed to make a loan to the party at a low interest rate of 5% from a person who is not the name of the party.

It is possible to lend more than 10 million won if there is a false transaction statement.

We listen to the purport that if we deposit money into the party account, we would return the money to us, we received the statement that she would return the money, and had the account in the name of the defendant to offer it to the evasion of the law of the name and the name and the name of the defendant.

Accordingly, on March 21, 2019, the Defendant sent a copy of the passbook transaction account B (C) in the name of the Defendant by facsimile at a place in the name of the Defendant’s name. On March 21, 2019, the Defendant informed the account holder of the above name in the name, and the name in the name was transferred KRW 6,00,000 from D through telephone financing fraud around March 22, 2019 to the above account in the name of the Defendant.

Accordingly, the defendant was able to facilitate financial transactions with another person's real name for the purpose of evading the law by making it easier for the defendant to do so.

3. The lower court’s judgment and the lower court’s judgment are based on the detailed reasoning under the title “2. Judgment”.

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