[1] Whether a transaction involving a specific person's debt burden to a financial institution, such as a loan or guarantee, is subject to the protection of confidential information under Article 4 (1) of the Act on Real Name Financial Transactions and Guarantee (negative)

[2] Whether an act of demanding or informing information on the M/S account for M/S account constitutes a demand for or provision of "transaction information, etc." prohibited under Article 4(1) of the Act on Real Name Financial Transactions and Guarantee of Secrecy (affirmative)

[1] Under Article 4(1) of the Act on Real Name Financial Transactions and Guarantee of Secrecy, the demand for the provision, disclosure, and provision of information or data on the details of financial transactions (hereinafter referred to as "transaction Information, etc.") is prohibited. Article 2 subparag. 3 of the Act on Real Name Financial Transactions and Guarantee of Secrecy is prohibited, and Article 2 subparag. 3 of the same Act provides that financial institutions shall import (import), trade, repurchase, brokerage, discount, issuance, redemption, refund, trust, registration, exchange of financial assets, or pay interest, discount, or dividends on behalf of the financial institutions or other financial assets, and transactions involving other financial assets as an agent. Article 4(1)2 of the same Act defines "financial assets" as money and securities, etc. such as deposits, installment savings, installments, deposits, trust funds, trust property, stocks, beneficiary certificates, equity shares, bills, checks, and debt certificates, etc., which are handled by financial institutions, and thus, transactions with a specific person's financial institution's obligation such as loans and guarantee cannot be deemed transactions related to the above financial assets.

[2] In the case where an automatic loan within a certain limit of ordinary deposits and a certain amount is managed together with a single passbook, even if the balance was temporarily closed at the time of inquiry, unless it was the case where the loan was made without any financial transaction (such as deposit) since the opening of the account, the act of demanding information about such transaction account to be received or informing the contents thereof constitutes a demand for or provision of "transaction information, etc." prohibited under Article 4 (1) of the Act on Real Name Financial Transactions and Guarantee of Secrecy.

[1] Article 2 subparagraph 2, subparagraph 3, and Article 4 (1) of the Act on Real Name Financial Transactions and Guarantee of Secrecy / [2] Article 4 (1) of the Act on Real Name Financial Transactions and

Defendant 1 and one other

Defendants

Law Firm General Law Office, Attorney Kim Nam-nam

Suwon District Court Decision 2002No1584, 2002No2852 delivered on October 24, 2002

All appeals are dismissed.

1. In light of the records, the court below's decision of the court of first instance which found Defendant 1 guilty is just, and there is no error in the incomplete hearing or the violation of the rules of evidence as alleged in the grounds of appeal.

2. Article 4(1) of the Act on Real Name Financial Transactions and Guarantee of Secrecy (hereinafter referred to as the "Real Name Financial Transactions and Guarantee of Secrecy") prohibits the demand for the provision, disclosure, and provision of information or data on the details of financial transactions (hereinafter referred to as "transaction information, etc.") and Article 2 Subparag. 3 of the Act provides that "financial transactions" shall be the revenue (import), trading, repurchase, intermediary, discount, issuance, redemption, refund, trust, registration, exchange of financial assets of a financial institution, payment of interest, discounted amount, or dividends on behalf of a financial institution, or other transactions involving financial assets on behalf of a financial institution, etc. As such, "financial assets" shall be defined as "financial assets" in subparagraph 2 of Article 4 of the Act, and shall be defined as money and securities, etc., such as deposits, installment deposits, deposits, deposits, contributions, trust property, trust property, beneficiary certificates, contribution shares, bills, checks, etc., and thus, transactions with a specific person's obligation to a financial institution, such as loans or guarantees, shall not be deemed transactions related to financial assets.

However, the summary of the facts charged on the violation of the Real Name System of this case was that Defendant 1 requested Defendant 2 (employee of agricultural cooperative) who is the husband to provide information on the bank transaction of the victim. Accordingly, Defendant 2 knew of the victim's transaction account number and informed the victim of the contents. However, if the above account is managed together with one passbook within a certain limit of the ordinary deposit and the automatic loan within a certain limit of a certain amount as a bank account, even if the balance of the above account was temporarily closed at the time of the above inquiry as alleged in the ground of appeal, if the above account was not extended without any financial transaction (such as deposit and loan) after the opening of the above account, it constitutes a demand for or provision of "transaction information, etc." prohibited under Article 4 (1) of the Real Name System of this case.

Therefore, the judgment of the court of first instance which affirmed the judgment convicting of this part of the facts charged is just, and there is no misapprehension of legal principles as alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed as it is without merit. It is so decided as per Disposition.

Justices Lee Yong-woo (Presiding Justice)