금융실명거래및비밀보장에관한법률위반방조
The prosecutor's appeal is dismissed.
1. The so-called "work loan", which creates and lends a false transaction record of the gist of the grounds for appeal, is to obtain a loan by deceiving a financial institution by raising the credit rating of an individual by lowering the transaction records and raising the credit rating of the individual, and the degree of illegality is larger than that of the illegal act. Thus, the act of making a financial transaction under his real name for a work loan constitutes "the act of getting a financial transaction under his/her own name" under Article 3 (3) of the Act on Real Name Financial Transactions and Confidentiality (hereinafter "the Act on Real Name Financial Transactions") and other evasion of law, and since the defendant provided his/her account under his/her name for this purpose, it is sufficiently recognized that the defendant assisted the financial transaction under his/her real name for
Nevertheless, the lower court erred by misapprehending the legal principles or misconception of facts that found the Defendant not guilty of the facts charged of this case.
2. Determination
(a) 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;
On January 11, 2019, the Defendant: (a) received a proposal from the “B Team leader”, which was known through mobile phone advertising, to the effect that “I would create a false statement of transactions in the current account; (b) money deposited to create a statement of transactions would again be delivered; and (c) received a proposal from the “B Team leader” to provide the account in the name of the Defendant to the evasion of the law of the said “B Team leader”.
Accordingly, around January 23, 2019, the Defendant informed the “B Team leader” of the account number (D) in the name of the Defendant to use it for the transaction. On January 28, 2019, the Defendant collected KRW 10 million from Non-Party B, the victim of telecommunications-based financial fraud, in accordance with the order of the said “B Team leader”, from Non-Party B’s Vice Point of C Bank located in Seocheon-si around January 28, 2019, to a man with no name.