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(영문) 광주지방법원 2020.01.10 2019고정1120
금융실명거래및비밀보장에관한법률위반
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a person who works as the chief director in the Gwangju C Cooperatives, and Defendant B was a person who served as the chief director in the said Cooperatives.

No one shall request persons working for a financial company, etc. to provide transaction information, etc., and no person working for a financial company, etc. shall provide or divulge information or data concerning the details of the financial transaction to any third person, unless he/she obtains a written request or consent from

Nevertheless, around August 26, 2019, Defendant B requested Defendant A to provide F’s customer of E-Union’s capital receipt ledger, and Defendant A provided F’s receipt of capital without the F’s consent.

Summary of Evidence

1. On February 12, 2013, the chief of the police officer’s written statement receipt of the Defendants’ partial statement G, the Defendants agreed that F shall collect and use, or provide a third party with personal information related to financial transactions “the case where E Union aims to investigate, resolve financial accidents, or handle civil petitions.” As such, Defendant A’s offer of F’s written statement to Defendant B is based on the above consent.

However, according to each of the above evidence, Defendant A’s provision of F’s receipt of investment to Defendant B was only in response to Defendant B’s demand according to his personal needs, and it cannot be deemed that the “E Association” did not constitute a case for the purpose of investigation of financial accidents, resolution of disputes, and civil petition, and thus, Defendant A convicted the Defendants.

application of the laws and regulations

1. The Defendants of the pertinent legal provisions concerning criminal facts: Article 6(1) and the main sentence of Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality

1. First-class Defendants: Fines for a fine

1. PenaltyO Defendants to be suspended: Fines of one million won;

1. The OO Defendants in the custody of a workhouse: Article 70(1) of the Criminal Act.

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