금융실명거래및비밀보장에관한법률위반방조
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principle) provided an account in the name of a third party to obtain a loan by making a false transaction record. The above act constitutes “other evasion of the law” as stipulated in Article 3(3) of the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Act on Real Name Financial Transactions and Confidentiality”) by raising the credit rating of an individual by falsely stating the transaction record.
Furthermore, in full view of the fact that there was no fact to confirm who the Defendant was paid the amount of damage, and there was a circumstance to suspect the transaction with a third party, such as the deposit of money in the name of the person who was not the name of the victim and the name of the third party, etc., but without any separate confirmation, it is reasonable to deem that the Defendant did not have the intention to conduct financial transactions under the name of the third party when the person who was not the victim of the name was the
Therefore, according to the evidence submitted by the prosecutor, although it can be sufficiently recognized that the defendant assisted the defendant to conduct financial transactions under the real name of another person for the purpose of evading the law, the court below acquitted the defendant of the facts charged in this case. The court below erred by misapprehending the legal principles
2. The additional prosecutor of the ancillary charge shall keep the facts charged that the court below found not guilty first and shall, in his preliminary charge, hold the following 4-A.
In addition to the facts charged as stated in the preceding paragraph, "Fraud aiding and abetting" and "Article 347 (1) and Article 32 (1) of the Criminal Act" were added to the name of the crime and the applicable provisions of the Act, the application for amendments to the indictment was filed by the court for permission.
The following facts charged are added to the main facts charged and the ancillary facts charged in the trial.