beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (fact-finding) provided the defendant with the means of access to the account in the name of the defendant for the purpose of obtaining a loan from a financial institution by compiling false transaction records. Such “work loan” constitutes “other evasion of law” under Article 3(3) of the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Act on Real Name Financial Transactions”) by deceiving a financial institution, such as a bank, etc. as to the defendant’s loan qualification, and constitutes “other evasion of law”. The defendant was aware of the fact that the non-resident was making a financial transaction with a third party under the name of the defendant for the purpose of evading the above law, and that his act would facilitate the evasion of the law of the non-resident’s name, but the court below acquitted the defendant of the facts charged in this case, thereby affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is prohibited from engaging in financial transactions under the real name of another person for the purpose of evading the law.
On June 25, 2019, the Defendant listened to the purport that “a loan requires a false account transaction performance. It is possible to lend money to the account in the name of the party and withdraw the money from the account in the name of the party and transfer it to the employee who paid the money,” and had consented, thereby raising the account under the name of the Defendant to offer it to the evasion of the law of the person who has not received the name.”
Accordingly, on July 1, 2019, the Defendant informed the account number of B (C) accounts in the name of the Defendant using Internet Kakakao Stockholm via a cell phone at an unspecified place. On July 2, 2019, the Defendant was transferred KRW 34,00,000 from D through telephone financial fraud around July 2, 2019.
Accordingly, the defendant is a person with the intention of evading the law.