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(영문) 수원지방법원 성남지원 2020.01.09 2019고정997
금융실명거래및비밀보장에관한법률위반방조
Text

The defendant shall be innocent.

Reasons

1. No person prosecuted shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering or financing of terrorism, evasion of compulsory execution, or any other evasion of the law;

Nevertheless, on March 8, 2019, the Defendant: (a) from a person who was unaware of the name of the victim of the fraud of Bophishing fraud, “Korea is a purchasing agency, and it is difficult for the customer to settle the price of goods to be paid to the customer in cash; (b) would pay 1% of the transaction amount at the time of the cancellation of the payment of money; (c) would be sent to the address of the electronic wallet; and (c) would be sent to the address of the Defendant after the receipt of the proposal, the Defendant notified the two accounts under the name of the Defendant to the address of the electronic wallet; and (d) on March 10:40 on March 11, 2019, the Defendant notified the account holder of the name of the account to receive the amount of fraudulent damage; and (e) on March 10, 2019, the account transferred KRW 20 million in the name of the victim of the fraud of KRW 30 million in the name of the defrauded E around 17:20 on the same day.

Accordingly, the Defendant assisted the Defendant to conduct financial transactions under the real name of another person for the purpose of evading the law.

2. Helping and aiding and abetting and aiding and abetting and aiding and abetting the principal offender to commit a crime is an act of accessories that facilitate the principal offender’s implementation, so that the principal offender has the intention to assist and aiding and abetting the principal offender to commit a crime and that the principal offender’s act constitutes the elements of a crime.

(see, e.g., Supreme Court Decision 2003Do382, Apr. 8, 2003). The applicable provisions of the Act on Real Name Financial Transactions and Confidentiality to a principal offender’s act in this case are Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Confidentiality, and the said provisions are “the concealment of illegal property, money laundering, or money laundering under Article 2 subparag. 2, 4, and 5 of the Act on Reporting and Using Specified Financial Transaction Information.

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