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(영문) 수원지방법원 성남지원 2020.02.04 2019고정881
금융실명거래및비밀보장에관한법률위반방조
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

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;

Nevertheless, around March 15, 2019, the Defendant sought from a person who was named in the name of the victim of the transaction of Boscam fraud. Inasmuch as there is no sufficient quantity, a new exchange is required to leave the Exchange users and thereby without any transaction. If the account number is notified, the Defendant would pay an allowance if he/she re-deposits the B bank account under the name of the Defendant to the bitcoin account, which is known after depositing money from the Exchange. In addition, upon receipt of a proposal, the Defendant would have notified the B bank account (C) under the name of the victim and provided it to the evasion of the law of the names of the winners.

Around that time, the Defendant informed a person who was unaware of his name of the above account to use the above account to receive money from the fraud victim. On April 2, 2019, according to the instructions of the person who was unaware of his name, the Defendant: (a) purchased the interest rate, which is virtual currency, using KRW 20 million deposited by “D”; (b) KRW 125 million deposited in the name of “E; and (c) KRW 20 million deposited in the name of “F; and (d) transferred the interest rate, which is virtual currency, to the former one who was notified by the person who was unaware of his name.

As a result, the Defendant aided and abetted the Defendant to conduct financial transactions under the real name of another person for the purpose of evading the law.

2. Article 3(3) of the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Real Name Financial Transactions Act”) provides that “any person shall conceal illegal property under subparagraph 3 of Article 2 of the Act on Reporting and Using Specified Financial Transaction Information, money laundering under subparagraph 4 of the same Article, or financing of terrorism and evasion of compulsory execution under subparagraph 5 of the same Article, and other evasion of the law.

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