The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. The misapprehension of the legal principle is established under the premise that the principal offense is committed, and the act of a person who has not received the name, which is the principal offender in the indictment, is subject to the Act on Real Name Financial Transactions and Confidentiality.

(B) The sentence imposed on the original judgment of the lower court (a fine of two million won) is too unreasonable, and thus, cannot be deemed to constitute a crime of aiding and abetting the Defendant. Thus, the Defendant cannot be punished as an aiding and abetting the Defendant.

2. Determination

A. The Defendant, after hearing the statement of transactions in the Defendant’s name from a person who was unaware of the facts charged, committed an act of offering an account under the Defendant’s name to the evasion of the law of the person who was not entitled to receive the Defendant’s name, with the statement that “if the Defendant’s name is known, he may manipulate the details of transactions in deposit and withdrawal, thereby raising credit.”

On March 27, 2019, the Defendant notified the account number of B bank account (C) in the name of the Defendant to the person who was named in the name of the Defendant, and the person who was named in the name was required to transfer KRW 3,000,000 from D to B bank account in the name of the Defendant through a telephone financial fraud crime on the same day, and KRW 4,000,000 from E to B bank account in the name of the Defendant, and the Defendant remitted the above KRW 3,000,000 from F bank in the name of Cheongju to the account designated by the person who was named in the name.

Accordingly, the Defendant assisted and aided the Defendant by facilitating financial transactions under the real name of another person for the purpose of evading the law.

B. (1) Determination is that aiding and abetting another person to commit an offense is established under the premise of another person’s (principal offense). Thus, an offense committed by a principal offender constitutes an element of an offense and shall be unlawful.

In addition, aiding and abetting is an act of a accessories that facilitates the conduct of the principal offender with the knowledge that the principal offender is committing a crime, so that the principal offender has the intention of aiding and abetting and aiding and abetting the principal offender and that the principal offender's act constitutes the elements of a crime.

Supreme Court Decision 200 delivered on April 1, 2003