사기방조
The defendant shall be innocent.
1. On November 2018, the statement of the facts charged in the instant case reveals that “In order to obtain a loan at a low interest rate, it shall have a record of loan transactions, and after obtaining a loan from a financial right, it shall be deposited into the account designating the loan.” On December 12:18, 2018, the victim received KRW 14 million from the victim’s bank account in the name of the Defendant at the end of November. 2018.
The Defendant, while recognizing that he was aware of the fact that he committed the crime of fraud as above, withdrawn the above amount of KRW 14 million deposited in the above account at the Mapo-gu Seoul Mapo-gu Seoul Association at around December 11, 2018, and around that time, delivered the above cash to the unspecified women designated by the deceased in front of the pharmacy near the above C Association’s wife.
Accordingly, the defendant, by facilitating the fraud of a person who has not received a name, assisted it.
2. The Defendant and his defense counsel did not know that the Defendant committed the crime of fraud of a person who was unaware of his name, and did not know that the Defendant and his defense counsel believed the horses of a person who was unaware of, and did not act in accordance with
Therefore, the defendant is not guilty without the intention of the principal offender and the aiding and abetting.
3. Determination
A. Under the relevant legal doctrine, aiding and abetting under the Criminal Act refers to any direct or indirect act that facilitates the commission of a principal offender with the knowledge that the principal offender is committing a crime. The so-called aiding and abetting and aiding and abetting the principal offender and the principal offender’s act is an act that constitutes a constituent element.
However, the intention of the principal offender in a aiding and abetting offense is not required to be aware of the specific contents of the crime realized by the principal offender, but is sufficient to dolusence or prediction (see, e.g., Supreme Court Decision 2012Do2628, Jun. 28, 2012). However, the recognition of the crime in a criminal trial is to the extent that there is no room for the judge to make a reasonable doubt.