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(영문) 수원지방법원 안산지원 2020.04.08 2019고정868
금융실명거래및비밀보장에관한법률위반방조
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. No person prosecuted 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;

Around May 8, 2019, the Defendant, while sending letters of loan advertisement to a place unknown to him/her and counseling for lending, could allow a loan from his/her name in B Bank. However, Kwikset App installed on a mobile phone with a team interview on the mobile phone, and if the company purchases virtual currency from our company and deposits it into a new passbook prior to the progress of the work loan, he/she will recover the money and use it as investment money again.

To provide a working loan with up to 50 million won a fee to 3%.

‘In response to the proposal', ‘the account in the name of the defendant was presented to the evasion of the law of the person who has not received the proposal.'

Accordingly, the Defendant, around that time, sent a copy of his bank account (D)’s photograph to the bearer and had him use it for the transaction, and on May 20, 2019, by deceiving E, who is the victim of Bophishing, the Defendant was transferred KRW 12 million from E, KRW 6 million from F, and KRW 9.5 million from G to the account under the name of the above Defendant.

When the Defendant deposited the money from the said account as above, the Defendant purchased virtual currency with the amount of money from the recipient of the remittance and name failure to receive from Cbank H account on the same day so that they can be withdrawn from the e-mail.

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. Comprehensively taking account of the following facts, Defendant cannot be punished as aiding and abetting the offense of violating the Act on Real Name Financial Transactions and Guarantee of Secrecy.

① Aid and abetting is established under the premise of the principal offender’s crime, and as seen below, it is not established against the Act on Real Name Financial Transactions and Guarantee of Secrecy.

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