The defendant shall be innocent.

1. No person charged with the instant case shall conduct financial transactions under the real name of another person for the purpose of evading the law.

On May 21, 2019, the Defendant heard the statement to the effect that “a person would get a loan by means of increasing the result of trading in a false account” from a person with no personal name, and accepted the statement, and used the account under the name of the Defendant to provide it to the evasion of the law of the person with no personal name.

Accordingly, on May 21, 2019, the Defendant sent a detailed statement of passbook transaction account (B) in the name of the Defendant using facsimile at an unsound place, and informed the account number to the party in whose name the account is not given. On May 22, 2019, the Defendant was transferred KRW 8,320,000 from C through telephone financial fraud around May 22, 2019.

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.

2. Determination

A. The purpose of the Act on Real Name Financial Transactions and Guarantee of Secrecy (hereinafter “Real Name Financial Transactions and Guarantee of Secrecy”) is to realize economic justice and promote the sound development of the national economy by carrying out financial transactions under the real name (hereinafter “real name”) and ensuring the confidentiality thereof through normalized financial transactions (Article 1). The term “financial transaction” refers to the act by a financial company, etc. to import, trade, or repurchase financial assets (Article 2 subparag. 3). The term “real name” refers to the name under the resident registration card, the name under the resident registration certificate, and the name under the resident registration certificate. Article 2 subparag. 4 of the Act on Reporting and Using Specified Financial Transaction Information (Article 2 subparag. 3), no person may engage in financial transactions under another person’s real name for the purpose of concealing illegal property under subparagraph 4 or financing of terrorism, evasion of compulsory execution under subparagraph 5, and other evasion of law (Article 3(3)). The aforementioned purpose is as above.