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(영문) 인천지방법원 2020.06.12 2019노2689
금융실명거래및비밀보장에관한법률위반방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the Defendant offered the so-called “work loan” act of making a false transaction record and lending. The so-called “work loan” constitutes “other evasion of law” as provided by Article 3(3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy to allow a financial institution to obtain a loan by deceiving a financial institution by raising the credit rating of an individual by making a false transaction record.

Therefore, according to the evidence submitted by the prosecutor, although it can be sufficiently recognized that the defendant assisted the defendant to conduct financial transactions under the real name of another person for the purpose of evading the law, the court below acquitted the defendant of the facts charged in this case. The court below erred by misapprehending the legal principles

2. The additional prosecutor of the ancillary facts charged maintains the previous facts charged against the defendant as the primary facts charged and maintains the following 4-A.

As seen in this subsection, an application for amendment to Bill of Indictment was filed with the addition of the ancillary facts charged, and this Court permitted the addition to the subject of the judgment.

The following is to judge the main facts charged and the ancillary facts charged in the trial.

3. In addition to the following circumstances acknowledged by the evidence duly admitted and investigated by the court below in light of the records, the court below should have examined the evidence of this case as to the grounds for appeal by the prosecutor on the primary facts charged. In addition, in addition to the following circumstances, the defendant did not recognize that the non-resident deposited money into the defendant's account and did not recognize that the principal offender would receive money from others or would allow others to transfer money from others using the defendant's account under the name of the defendant.

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