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(영문) 대구지방법원 2020.06.10 2019노3663
금융실명거래및비밀보장에관한법률위반방조
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles consider that a person who is an employee of a lending company deposits money in order to secure a loan by deceiving a person who is an employee of the lending company, and only withdraws the money deposited in the B association account under the name of the defendant and delivers it to a person who has failed to do so. There was no perception that the person who has failed to do financial transactions in the real name of the defendant for the purpose of evading

Nevertheless, the judgment of the court below which judged otherwise contains an error of law by misunderstanding facts and misapprehending legal principles.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. We examine the Defendant’s ground of appeal on the assertion of mistake of facts and misapprehension of legal principles that the principal offender’s act does not constitute an evasion of law.

No person who is a summary of facts 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.

Nevertheless, on April 2019, the Defendant received a proposal to the effect that “a loan can be made at a higher level if the transaction performance is available. When the deposit and withdrawal work are made, it is possible to raise the transaction performance. If the money is remitted to the account, it shall be allowed to withdraw the money and deliver the money to the employee.” By accepting the proposal, the Defendant’s B association account (Account Number: C) in the name of the Defendant to provide it to the evasion of the law of the above person’s name.

On April 25, 2019, the above person under whose name the victims of Bosing were accused, and from around 12:50 to 14:07 of the same day, the person under whose name the victims of Bosing were accused, to transfer the sum of KRW 33 million to the above B Association account from around 12:50 to 14:07 of the same day, to E at around 14:27 of the same day, and to transfer the sum of KRW 7 million to the above B Association account, and to F at around 14:31 of the same day, KRW 10 million to the said B Association account.

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