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The defendant shall be innocent.
Reasons
1. No person prosecuted in the instant case shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering or financing of terrorism, evasion of compulsory execution, or any other evasion of the law.
On May 13, 2019, the Defendant, while sending text of loan advertisement at a place unknown to him/her and providing loan consultation, proposed that he/she “to create a new workplace through an overseas home, work to provide a document in the form of work at his/her home, and to provide a maximum of KRW 100 million with a fee of 5% for work loan through the Koin Exchange.” On the proposal, the Defendant, in response to the proposal, expressed that he/she would offer an account under his/her name to the evasion of the law of the person who has failed to obtain his/her name.
Accordingly, the Defendant sent the name omitted to the name omitted and used for the transaction by affixing his photograph of the passbook of his new bank account (B) at that time, and the name omitted was transferred from C, which was the victim of scam, to five million won on the same day.
When the Defendant deposited the money from the said account as above, the Defendant purchased virtual currency with the money from the person who did not receive the remittance and name to the new bank D account on the same day so that the Defendant could make the money from the electronic walling.
Accordingly, the Defendant assisted the Defendant to conduct financial transactions under the real name of another person for the purpose of evading the law.
2. The public prosecutor instituted the instant public prosecution on the premise that the “work loan” constitutes “other evasion of the law” under Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Confidentiality, and that the person who was the principal offender was engaged in financial transactions under the real name of the defendant for the purpose of evading such law.
However, the aiding and abetting crime is established under the premise of another person's crime. Therefore, the principal offender's crime is committed.