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(영문) 수원지방법원 2020.09.11 2020노2016
금융실명거래및비밀보장에관한법률위반방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The act of purchasing virtual currency under another person’s name, which was the person who was unaware of the gist of the grounds for appeal (fact-finding) constitutes an “effort law” under Article 3(3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy, such as unregistered foreign exchange business or tax evasion, and the Defendant knew that such an act constitutes an evasion of the law and aided

On the contrary, the judgment of the court below acquitted the defendant.

2. The lower court determined that “The instant facts charged aided and aided the Defendant to conduct financial transactions under the real name of another person for the purpose of evading the law.”

“Along with the facts charged, it is not specified that the Defendant was engaged in financial transactions under the Defendant’s real name for the purpose of evading any law. If an evasion of the law of a person without the name, who is the principal offender, was committed for the purpose of committing the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the

“Along with the fact that bitcos were purchased in money deposited in the Defendant’s account at the end and delivered to the party under whose name they were named. However, there are no laws and regulations that order the transaction of virtual currency under the current law or prohibit the purchase of virtual currency in excess of the limited purchase amount per ID, so the so-called “act of buying virtual currency” constitutes an evasion of the law.

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