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The defendant shall be innocent.
Reasons
1. On January 2018, the Defendant: (a) received a proposal from an employee to indicate the account number to be deposited in the amount of KRW 10,000,000,000,000 from an employee to raise credit by raising the performance of the transaction of deposits and withdrawals; and (b) accepted the proposal, “The Defendant’s non-name bank account under the name of the Defendant was immediately withdrawn and delivered to our employee.” In so doing, the Defendant accepted the proposal, even though he could have sufficiently known the fact that the Defendant’s account was to be used for the commission of the phishing crime.
On January 24, 2018, 2018, the non-name-disscepting staff called the victim E, misrepresenting the victim E to the first F inspection of the high-tech criminal investigation conducted by the central branch of Seoul central government, and “The complaint filed a crime of fraud with the account opened in the name of the party, tracking the fraud of G, which is conducted in the Suwon-si, Suwon-si, and the amount of damage is 20 cases and 30 million won.
In order to remit 10 million won to the designated account necessary to confirm whether an accomplice has been accompliceed, the amount of 10 million won was remitted from the victim who caused the damage to D account in the name of the defendant on the same day.
Accordingly, the Defendant, at around 14:49 on January 24, 2018, released 10 million won from the account in the name of the Defendant’s name at the IF branch in Seocho-gu Seoul Metropolitan Government H from the IF branch in Seocho-gu, and immediately delivered the above 10 million won to the person who was under the name of the Defendant, who was waiting in the vicinity.
As a result, the Defendant aided and abetted the crime of fraud of a person who was not the name of the victim, which is the organization of the foregoing “sing.”
2. In order to establish the crime of aiding and abetting fraud as an intentional crime, the principal offender must have the intention to commit the crime of aiding and abetting fraud.
However, even in the facts charged in this case, the Defendant was merely aware that his account was used for committing a crime (which can only be recognized as negligence).