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(영문) 수원지방법원 2020.10.15 2020고정1006
금융실명거래및비밀보장에관한법률위반방조
Text

The defendant shall be innocent.

Reasons

No person charged shall conduct financial transactions under the real name of another person for the purpose of concealing illegal property under subparagraph 3 of Article 2 of the Act on Reporting and Using Specified Financial Transaction Information, money laundering under subparagraph 4 of the same Article, financing of terrorism, evasion of compulsory execution, and other evasion of law under subparagraph 5 of the same Article.

On August 2019, the Defendant, on the Internet, posted a statement on “high-income part-time Liber” on the Internet on the Internet, heard the statement to the effect that “I will pay KRW 2.50,000 won per week in return for the transfer of the passbook to the account known to the Defendant because the account is necessary to reduce taxes, and because I want to inform the Defendant of the need to deposit money, I would like to pay 2.5 million won in return for the transfer of the passbook without the passbook to the account known to the Defendant.” By accepting the statement, the Defendant was willing to offer it to the evasion of the law of the person without the name.

around that time, the Defendant informed the Defendant’s B Bank (Account Number:C) and D Securities (Account Number:E) to “Kakao Stockholm,” and used them for the transaction. On August 29, 2019, the Defendant: (a) on August 29, 2019, G, the victim of loan fraud, from the F Bank ATM instrument near the Bupyeong-gu Incheon B Bank ATM instrument, sought KRW 6 million deposited in the above B Bank account from August 10:58, 2019, and used by the bearer of the name, such as transfer of the account without passbook, to the account known by the non-member of the name, for the purpose of transferring the amount of damage related to the loan fraud.

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. Article 6(1) and Article 3(3) of the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Act on Real Name Financial Transactions”) which are applicable provisions of this case (hereinafter “Real Name Financial Transactions”) are as follows: (a) concealing illegal property under Article 2(3) of the Act on Reporting and Using Specified Financial Transaction Information; (b) money laundering under subparagraph 4 of the same Article; or (c) Article 2(5) of the same Act.

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