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(영문) 의정부지방법원 2020.07.24 2019노3584
금융실명거래및비밀보장에관한법률위반방조
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the fact that the Defendant, who is the other party to the financial transaction, deposits money into the Defendant’s account, is long and long, whether he has the obligation to return the deposited money, whether he received money from the Defendant’s account without having knowledge of how much to transfer the deposited money, and that it is necessary to make the contents of the deposit money to the Defendant’s account for so-called “work loan” from the person who has failed to know the name, and accordingly, he knows the account number of the Defendant’s account to the person who has failed to know the name, and the Defendant is merely merely the name of the recipient’s account, so it is difficult to view that the Defendant’s deposit of money into the Defendant’s account is a financial transaction. In light of the above, it is reasonable to deem that the Defendant had an intention to assist the evasion

Nevertheless, the judgment of the court below that acquitted the charged facts of this case on different premise is erroneous.

Judgment

The court below, under the title "2. Judgment of the court below", stated the grounds in detail, and recognized that the defendant received money from the person who has failed to receive the name for the purpose of lending from his bank account in accordance with the agreement with the person who has failed to receive the name for the purpose of lending, so this is merely a financial transaction of the defendant under the agreement between the defendant and the person who has failed to receive the name, and there is no evidence to acknowledge the defendant's intention to conduct a financial transaction with the third party under the real name of the defendant regardless of the agreement between the defendant and the person who has failed to receive the name, and therefore,

In the trial, there is no additional evidence submitted in relation to the facts charged in the instant case, and the evidence submitted by the prosecutor alone makes false transaction records in order to obtain a loan.

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