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(영문) 청주지방법원 2020.09.17 2020노262
금융실명거래및비밀보장에관한법률위반방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant’s “an act of depositing in and withdrawing from a financial institution to obtain a loan by accumulating false transaction records” is not a normal lending method, and thus constitutes fraud against the financial institution, which constitutes an “act of evasion of the law” under Article 3(3) of the Act on Transactions and Confidentiality (hereinafter “Act on Real Name Financial Transactions”).

Although it is reasonable to view that the core of the elements of this part of the crime "for the purpose of an evasion of the law, making financial transactions under the real name of another person" is "for the purpose of making financial transactions under the real name of another person," the defendant was aiding and abetting financial transactions under the real name of the defendant for the purpose

2. The judgment of the court below on the prosecutor's assertion of the misapprehension of the legal principle is just, and the judgment of the court below is not erroneous in the misapprehension of the legal principle as alleged by the prosecutor, and it is hard to see that there is an error of law as otherwise alleged by the prosecutor, in light of the relevant legal principles and records.

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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