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(영문) 청주지방법원 2020.02.13 2019고단1709
금융실명거래및비밀보장에관한법률위반방조
Text

The defendant shall be innocent.

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;

On May 10, 2019, the Defendant: (a) received a proposal on May 10, 2019, stating that “a loan is difficult in an ordinary way, but the account number is added; and (b) if a bitcos purchase and offer this bitcos as collateral, the Defendant would lend 35 million won at an interest rate of 9% if he/she purchased bitcos at an interest rate of 9%; and (c) received the proposal from the person who assumes the name of the C team leader of the work lending company “B” to provide the account under the name of the Defendant to the evasion of the law of the person who has not received the name.

On May 17, 2019, the Defendant informed the person under whose name the account was issued under the name of the Defendant to use the account number (F) for remitting the total of KRW 44,500,000 from the victims of Bophishing on May 20, 2019. On May 20, 2019, the Defendant deposited the amount of Bophishing damage, and on the same day, transferred it to the D Exchange account (E Bank G) on the same day.

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

2. Since the offense of aiding and abetting another person to commit an offense is established under the premise of another person’s offense, the offense of the principal offender constitutes an element of a crime and ought to be unlawful.

In light of the following circumstances, the evidence submitted by the prosecutor alone cannot be deemed as an unlawful act that satisfies the requirements for the crime of violating the Act on Real Name Financial Transactions and Guarantee of Secrecy when the “a loan is made if the money deposited in the account is transferred to the Do Exchange commercial account, and the Doccoin is offered as security.”

Therefore, the defendant.

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