(영문) 인천지방법원 2020.06.04 2019노2904 | 리걸엔진

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(영문) 인천지방법원 2020.06.04 2019노2904

금융실명거래및비밀보장에관한법률위반방조

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The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below which acquitted the Defendant on the ground that he could not recognize the principal offender’s intention, since the Defendant was aware of the fact that the Defendant did not have any financial transaction under the real name of another Defendant, who is the name of another person.

2. According to the facts charged in the judgment of the court below, the defendant received a proposal from the "B agency" that "I will receive a government-funded loan," which means that I will not obtain a loan due to a lack of transaction details, and would deposit money in the account if I will give notice of the account number," and notified the account number of the defendant. Thus, the defendant is aware that the account holder of the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in order

Since the defendant's intention cannot be recognized that the person who is not the principal offender is engaged in financial transactions under the real name of another person, the defendant cannot be punished as a violation of the Act on Real Name Financial Transactions and Guarantee of Secrecy.

3. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court’s judgment, the lower court’s determination is justifiable.

Therefore, prosecutor's assertion is without merit.

(1) An act recognized by the defendant shall be deposited in an account opened in the name of the defendant in order to create a deposit transaction form, as if there are financial transaction records, and the defendant shall withdraw the money again and deliver it to the name of the defendant.

참조조문

-금융실명거래 및 비밀보장에 관한 법률

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