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(영문) 대구지방법원 2020.10.21 2020노1081
금융실명거래및비밀보장에관한법률위반방조
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles merely understood the process of withdrawing money from the Defendant’s passbook to receive a loan through Kwikset service, and there was no perception that the Defendant did not cooperate in the Defendant’s act of making financial transactions under the real name of the Defendant for the purpose of evading the law.

Nevertheless, there is an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below which found guilty of this case.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

(a) No person who is a summary of facts constituting an offense shall engage in financial transactions under the real name of another person for the purpose of concealing 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, financing of terrorism and evading compulsory execution under subparagraph 5 of the same Article, or any other evasion of the law;

On August 2018, the Defendant listened to the statement from a name-free person to the effect that “to make a loan by drawing money to the account and raising the transaction performance. to withdraw money deposited in the account,” and agreed to do so, thereby raising the Defendant’s account under the name of the Defendant to offer it to the evasion of the law of the said name-free box.

On August 21, 2018, the Defendant, at C Bank located in Daegu-gu, Daegu-gu, notified the Defendant of his name in writing, the C Bank account (D) under the name of the Defendant. On the same day, the Defendant, through the telephone financial fraud crime, received KRW 3 million from E to the above C Bank account under the name of the Defendant, and released it to the said C Bank account.

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.

B. The lower court’s determination is based on the evidence as indicated in its judgment.

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