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The defendant shall be innocent.
Reasons
1. The abstract of the facts charged shall not conduct financial transactions under the real name of another person for the purpose of evading the law;
On February 19, 2019, the Defendant, at around February 19, 2019, listened to the word “B proxy,” stating that “the number of accounts to be deposited in a unit that can increase the size of assets by diversating the details of transactions by using the company’s funds so that the size of assets can be received a loan from the company,” and agreed to the word “the Defendant used the account under the name of the Defendant to provide the account to the evasion of the law of the person who
On the same day, the Defendant informed the account in the name of the Defendant (D) to the person who was unaware of his/her name on the mobile phone, and on February 20, 2019, the person who was unaware of his/her name received KRW 22,00,000 from E to the said account in the name of the Defendant through the telephone financial fraud crime. The Defendant transferred the said amount to the said account in the name of the “F Company Do”, which was designated by the said person who was unaware of name.
Accordingly, the Defendant assisted and aided the Defendant by facilitating financial transactions under the real name of another person for the purpose of evading the law.
2. The offense of aiding and abetting is a direct or indirect act that facilitates the act of aiding and abetting and that is, an accomplice who knowingly commits an offense, and is established under the premise of the existence of a principal offender and a criminal act. Therefore, the principal offender’s offense constitutes an element of a crime, and is unlawful.
In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence presented by the prosecutor alone is that the so-called work lending is prohibited under Article 3(3) of the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Real Name Financial Transactions Act”), and the so-called work lending is the real name of another person for the purpose of evading other laws.