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(영문) 수원지방법원 안양지원 2020.01.21 2019고단1476
금융실명거래및비밀보장에관한법률위반방조
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

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 March 24, 2019, the Defendant received a proposal that “a person with low credit rating is working exclusively for a loan from a person with no personal name who was misrepresented to a financial institution. It is possible to create the details of the account transaction through the consulting company and to raise the credit rating.” In response, the Defendant thought that the Defendant’s name account was provided to the person with no personal name.”

Accordingly, the Defendant informed his name-free person of B Bank account in the name of the Defendant for use in the transaction, and transferred KRW 12,80,000 to the above account on March 26, 2019, when D, which belongs to the crime of Bophishing, transferred KRW 12,80,000 to the above account in the name of the Defendant E Bank account. After the transfer of KRW 12,000,000,000,000 to the account in the name of E Bank account in the name of E Bank, the Defendant attempted to withdraw the above KRW 12,00,000 at the point of the E Bank

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. The purpose of the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Real Name Financial Transactions and Confidentiality”) is to realize economic justice and promote the sound development of the national economy by carrying out financial transactions under the real name (hereinafter “real name”) and by protecting financial secrets through normalized financial transactions (Article 1). The term “financial transaction” refers to an act by a financial company, etc. to import, sell, or repurchase financial assets (Article 2 Subparag. 3). The term “real name” refers to a name on the resident registration card, a name on the business registration certificate, etc. (Article 2 Subparag. 4); and the term “real name” refers to a name on the resident registration card, and Article 2 Subparag. 3 of the Act on Reporting and Using Specified Financial Transaction Information.

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