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(영문) 대구지방법원 2016.04.29 2015노2345

금융실명거래및비밀보장에관한법률위반

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

The sentence of sentence against A shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. In the process of submitting a written response to the Labor Relations Commission regarding the unfair dismissal remedy case, Defendants 1 and misunderstanding of the legal principles require a certified labor worker to output the details of the transaction of the Saemaul Treasury account in the name of the victims. This constitutes “where the person who performs part of the business of a financial company, etc. provides transaction information, etc. necessary for the business among those who perform part of the business of the financial company, etc.” under Article 4(1)5 of the Act on Real Name Financial Transactions and Confidentiality and Article 9(1) of the Enforcement Decree of the same Act, and thus, it cannot be deemed that materials about the details of the financial transaction were provided to “other person” and constitutes justifiable act

However, the lower court erred by misapprehending the legal doctrine on the violation of the Act on Real Name Financial Transactions and Confidentiality and the lawful act, thereby adversely affecting the conclusion of the judgment.

2) Each punishment (a fine of one million won) sentenced by the lower court against the Defendants is too unreasonable.

B. Each sentence sentenced by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. Determination

A. As to the Defendants’ assertion that the Defendants do not constitute “other person” in the misapprehension of the legal doctrine, the lower court also asserted the same purport as the grounds for appeal in this part, and the lower court, in the part of the judgment, “decision on the Defendant and the defense counsel’s assertion” under the former part of Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality, “other person” refers to all persons other than the nominal names. Thus, even if a person who delegated duties to a financial institution, the said person falls under “other person” and the delegated person is an attorney or a certified labor attorney with the duty to keep confidential information.