The defendant shall be innocent.

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 January 28, 2019, the Defendant, at around January 28, 2019, heard that “In order to obtain a loan, monthly payment must be made to the Defendant’s account under the name of the Defendant. If the Defendant is informed of the account, he would make the account so that he would deposit money from the company and would make the account so that he would deliver the account under the name of the Defendant to the evasion of the law of the person who has not received the name.”

On January 28, 2019, the Defendant informed the B Bank Account in the name of the Defendant and used it for the transaction. On January 28, 2019, the E Union located in Dong-gu, Gyeongnam-si, around January 28, 2019, deposited five million won deposited in the said account by the victim F in accordance with the order of the person who was unable to receive the name, and then deposited the account into the account that the person who was unable to receive the name was notified of the deposit in the account, and used the Defendant’s account for the transfer of the amount of damage

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. Determination

A. Article 3(3) of the Act on Real Name Financial Transactions and Confidentiality for the purpose of evading the law (hereinafter “Real Name Financial Transactions Act”) provides that “No person shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property under subparagraph 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality, concealing money laundering under subparagraph 4 of the same Article, or financing of terrorism under subparagraph 5 of the same Article, evasion of compulsory execution, and other evasion of the law.”

In the case of penalty provisions provided in such an exemplary legislative form, it is too wide or analogically interpreted to the disadvantage of the defendant.