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(영문) 창원지방법원 거창지원 2020.05.06 2019고정76
금융실명거래및비밀보장에관한법률위반방조
Text

The defendant shall be innocent.

Reasons

1. No person who is a summary of the facts charged 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, evasion of compulsory execution, or any other evasion of the law;

Nevertheless, around July 30, 2019, the Defendant: (a) sought a statement from a name-free person who assumes the position of a financial company to transfer KRW 7,50,000,000 from a name-free person who assumes the position of a financial company, and then, (b) obtained a loan to the extent of KRW 20,000,000,000,000,000 in lieu of the existing loan, and (c) obtained a credit rating. If a bank employee assumes that he/she is his/her own money, he/she is able to obtain a loan from the name-free person who assumes the position of the financial company; and (d) obtained such consent, he/she had the intent to offer the account under the name of the Defendant to the evasion of the law of

Accordingly, the Defendant, on the same day, informed the account number and password of B Bank Account (Account Number: C) in the name of the Defendant and made it used for the transaction, and, according to the direction of the person who was unable to obtain his name, sought to withdraw 6.5 million won out of 7 million won deposited in the said account under the name of the Defendant at the B Bank E branch located in Dong-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “Sing”) around July 31, 2019, F, a victim of telecommunications-based financial fraud (hereinafter “Sing”), who was the victim, tried to withdraw money in cash, but did not withdraw money from the employees of the said B Bank E branch, recognizing that the said money was the source of damage to Bosing.

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. Determination

A. Article 3(3) of the Act on Real Name Financial Transactions and Confidentiality for the purpose of evading the law (hereinafter “Real Name Financial Transactions Act”) provides that “any person shall conceal illegal property under subparagraph 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality, money laundering under subparagraph 4 of the same Article, or financing of terrorism under subparagraph 5 of the same Article.”

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