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The defendant shall be innocent.
Reasons
1. No person prosecuted 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 10, 2019, the Defendant: (a) was aware of a loan on the part of May 10, 2019; (b) offered the Defendant’s account (E) to the evasion of the law of the person under false name, who introduced himself/herself as “C representative” affiliated with “B” to “B; (c) it is possible to grant a loan; (d) it is necessary to have the transaction performance and, if notified of the current account, it is necessary to deposit money with the company; and (e) he/she is willing to create a false transaction performance and create a transaction performance; and (e) intending to grant a loan
Accordingly, on May 15, 2019, the Defendant informed the person who was unaware of name of the said account to use the said account for the transaction, and at around 16:31 on the same day, the G Union located in the Nam-gun F of the Republic of Korea deposited the said account in accordance with the direction of the person who was the victim of the instant account and sent the said account to the woman who was designated by the person who was unaware of name, by withdrawing the amount of KRW 6 million deposited in the said account from the G Union, which was the victim of the said account, and thus, the account was used by the person who
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. Since the offense of aiding and abetting another person to commit an offense is established under the premise of another person’s offense, the offense of the principal offender constitutes an element of a crime and ought to be unlawful.
However, in light of the following facts and circumstances, the evidence presented by the prosecutor alone was “an act of withdrawing money from deposits to obtain loans by stockpiling the false transaction performance of the person who was the principal offender.”
This is prohibited by Article 3(3) of the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Real Name Financial Transactions Act”).