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(영문) 대전지방법원 천안지원 2020.02.18 2019고정611
금융실명거래및비밀보장에관한법률위반방조
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The abstract of the facts charged shall not conduct financial transactions under the real name of another person for the purpose of evading the law;

On April 23, 2019, the Defendant: (a) received a proposal from a name-free person who misrepresented the employees of B Company C, to the effect that “one percent of the transaction amount at the virtual currency transaction site to purchase the coin instead of the coin and then deliver it again to the company’s side; (b) purchased the company’s funds to deposit the Company’s funds and transfer them to the spot’s address; and (c) received such a proposal, and agreed to provide the account under the name of the Defendant to the evasion of the law of the person who has not

On the same day, the Defendant informed the new bank account (D) in the name of the Defendant using Kakakao Kakao Ma to the above name-discilist, and the above name-discilist was transferred to the above new bank account in the name of the Defendant through telephone financial fraud on the 26th of the same month.

Accordingly, the Defendant assisted and aided the Defendant by facilitating financial transactions under the real name of another person for the purpose of evading the law.

2. Determination

A. An act of aiding and abetting under the relevant legal doctrine refers to a direct or indirect act that facilitates the commission of a principal offender with the knowledge that the principal offender is committing a crime. As such, the so-called aiding and abetting the principal offender to commit a crime and the principal offender’s act constitutes an act that constitutes the elements of a crime. However, such intent is an in-depth fact, so in a case where the principal offender denies it, it is bound to prove by the method of proving indirect facts that have a substantial relation with the principal offender in light of the nature of the object, and there is no other way to reasonably determine the link of the fact by using the close observation or analysis power based on normal empirical rule.

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