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The defendant is innocent.
Reasons
1. No person who is a summary of the facts charged 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, evading compulsory execution, or evading other evasion of the law.
On March 14, 2019, the Defendant: (a) received a proposal from a person in bad name, stating, “A customer may obtain a loan to raise credit rating because of low credit rating; (b) a customer may raise credit by making a transaction performance; (c) the money deposited in the account from the customer National Assembly to the customer National Assembly that deposited the company’s funds into the account; and (d) a request for re-transfer to the account designated by us; (d) a loan may be extended to a maximum of KRW 100 million with a rate of less than 5%; and (e) in response to the proposal, the Defendant had expressed his intent to provide the account in the name of the Defendant to the evasion of the law of the person in bad name.
Accordingly, the Defendant: (a) around that time, informed the person under the name of the Defendant of B’s account number (C) in the name of the Defendant; (b) informed the person under the name of the Defendant to use it for the transaction; and (c) by deceiving the person under the name of the Defendant, who was the victim of Bophishing on March 18, 2019, received KRW 8,000,000 from D to the above B’s account under the name of the Defendant; and (c) received the deposit of KRW 66,00,000 in total over 10 times, as shown in attached Table 1
At around 13:13 on the same day, the Defendant remitted KRW 9,990,000 to the G Bank account (H) in the name of G Bank account in the name of F, which is an account directed by the person who was unable to receive the above name at the Defendant’s residence in Seo-gu, Seo-gu, Daejeon, Daejeon, and transferred KRW 61,970,000 in total on six occasions, such as the list of crimes in attached Table 2.
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 offense committed by aiding and abetting another person is established under the premise of another person’s offense. Therefore, the offense committed by the principal offender is committed.