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The defendant shall be innocent.
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;
On April 18, 2019, the Defendant sent a nameless winner on April 18, 2019, “I create profits from the overseas market prices of virtual currency which is Bitcoin. In calculating the total purchase amount and 2% of the transaction amount, there is a heavy profit.” It is fluorily fluorcing an advertisement with the content that “I would like to communicate to Kakaox, I would like to purchase bitcoin to support funds and send them again to the law of the law of the law of the law of the person who has failed to receive the allowances.”
Accordingly, the Defendant informed the above person in the name of B Bank account (C), and caused D, who is the victim of telephone financing fraud, to remit KRW 48.6 million to the above B Bank account on May 14, 2019, and the Defendant purchased bitcos with the exception of KRW 1,000,000,000,000,000,000 won for the same day and remitted it to E “E” where the person in the name was notified of the person in the name, thereby using the Defendant’s account to receive the remittance of the amount of damage related to telephone financing fraud.
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. Article 3(3) of the Act on Real Name Financial Transactions and Confidentiality provides that “No person shall conduct a financial transaction under the real name of another person for the purpose of concealing illegal property under subparagraph 3 of Article 2 of the Act on Reporting and Use of Certain Financial Transaction Information, money laundering under subparagraph 4 of the same Article, or financing of terrorism and evading compulsory execution under subparagraph 5 of the same Article, or any other evasion of the law.”