logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2020.02.21 2019고단1243
금융실명거래및비밀보장에관한법률위반방조
Text

The defendant shall be innocent.

Reasons

1. No person who is a summary of the facts charged in the instant case 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, evading compulsory execution, or evading other evasion of the law.

On January 14, 2019, the Defendant offered BF account (C) under the name of the Defendant to make a false entry and withdrawal statement when providing account numbers from the members of the non-loan fraud organization. On January 14, 2019, the Defendant promised to deposit money into the said non-loan fraud organization by account transfer when depositing money into the said account. On January 14, 2019, the Defendant transferred KRW 1 million to the said account and transferred KRW 5 million to the BF account (E) under the name of D (E) designated by the non-loan Fraud Organization.

Accordingly, the defendant aided and abetted the above-mentioned person to conduct financial transactions with the account in the name of the defendant for the purpose of lending fraud, which is an evasion of law.

2. The summary of the facts charged in the instant case is that “an act of making a deposit to obtain a loan by accumulating false transaction records” constitutes “other evasion of law” under Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Act”), and that financial transactions with the Defendant’s real name for the purpose of evading such evasion of law by a person who is not a principal offender.

Since aiding and abetting crime is established under the premise of another person's crime as aiding and abetting another person's crime, the principal offender's crime constitutes a constituent element and should be illegal.

In light of the following circumstances, the evidence submitted by the prosecutor alone cannot be deemed as an unlawful act that satisfies the requirements for a crime of violation of the Act on Real Name Financial Transactions and Guarantee of Secrecy.

Therefore, the defendant.

arrow