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(영문) 수원지방법원 안양지원 2020.07.23 2019고정715
금융실명거래및비밀보장에관한법률위반방조
Text

The defendant shall be innocent.

Reasons

On November 21, 2018, the Defendant was investigated by the Incheon District Public Prosecutor's Office to violate the Electronic Financial Transactions Act, and was subject to a disposition that was not suspected after being investigated into the fraudulent act by the Sungwon District Public Prosecutor's Branch on March 27, 2019. In each of the above cases, the Defendant was aware of the fact that he/she was used for fraud, such as scaming, if he/she was investigated as a suspect and informed the account number in his/her name to the person who was not the victim of the fraud.

On May 2019, the Defendant received a proposal that “a loan is difficult to lend because of low credit rating and artificially creates the details of false deposit and withdrawal, if you transfer money to the account in the name of the Defendant, and then send money to us again.” The Defendant knew that the Defendant’s account can be used for the commission of fraud, and known that the Defendant’s account may be used for the commission of fraud, the Defendant notified the account holder of Bbank (Account No. 3) in the name of the Defendant.

Therefore, on May 10, 2019, a person in poor name, who applied for the Kakakao Stockholm conversation to the victim D at a place where the location is unknown, misrepresenting the victim's his/her dependent, and falsely concluding that "If there is money to be transferred rapidly to the trading office due to an error in the certificate, the transfer should not be made, and if it is sent in lieu of KRW 6 million, he/she will make money." On the same day, he/she acquired money from the victim to the above B account in the name of the defendant on the same day.

Accordingly, the Defendant, in order to assist the Defendant in committing the crime of fraud as above, assisted by delivering the account number of the above B Bank in the name of the Defendant, thereby facilitating the commission of the crime.

2. The act of aiding and abetting under the Criminal Code refers to any direct or indirect act that facilitates the principal offender’s act while knowing that the principal offender is committing a crime.

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