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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is as follows: (a) the Defendant: (b) around September 28, 2018; (c) “B Bank Operation Support Team C is the head of B Bank Operation Support Team C; (d) the annual interest rate of 9.8% per annum to KRW 40,000,000,000; (c) the Defendant would provide a loan with income evidence as he/she has low annual salary; (d) the Defendant, upon the transfer of money to his/her new account, appears to be “on withdrawal and transfer of money to the account notified to him/her at the time of transfer; and (e) he/she continued to become aware of the name of the Defendant under the direction of the deposit box during the period when he/she withdraws the money deposited in the Defendant’s account three times from Oct. 12, 2018 to Oct. 15, 2018, and deposited the money to the account of D&C with his/her name bearer’s instructions.”
Accordingly, on October 16, 2018, the name-unexplored person assumes the above-mentioned staff by phone call to the victim F while he does not have an intention or ability to provide a loan, and is able to borrow a loan of KRW 25 million at the interest rate of 7.8% per annum. In order to obtain a loan, he/she shall pay a part of the existing loan to the account in which he/she notifies the payment of KRW 2.5 million, and he/she shall receive a transfer from the victim to the HF account (I) in the name of the defendant around October 16, 2018, and shall receive KRW 2.5 million from the victim.
After October 16, 2018, the Defendant attempted to withdraw KRW 2.5 million, which was deposited by the Victim F in the account under the name of the Defendant, in accordance with the direction of the person who was unable to obtain his/her name, but failed to withdraw due to the suspension of transaction.
After all, the Defendant, by facilitating the above fraud of a person who was unable to obtain his name, assisted such fraud.
2. Determination
A. An act of aiding and abetting under the Criminal Act refers to any direct or indirect act that facilitates the principal offender’s act while knowing that the principal offender is committing a crime.