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The defendant shall be innocent.
Reasons
1. No person prosecuted shall conduct financial transactions under the real name of another person for the purpose of evading the law;
On May 8, 2019, the Defendant listened to the phrase “to have a loan by raising an ordinary point of view” from a person who was unaware of his name, and gave his consent thereto, thereby raising the account under the name of the Defendant to offer it to the evasion of the law of the person who received the false name.
Accordingly, on May 8, 2019, the Defendant informed the account number of B (C) account in the name of the Defendant at a non-permanent place. On May 8, 2019, the Defendant received KRW 5,500,000 from D through telephone financial fraud around May 8, 2019, and KRW 10,500,000 from D to the above account in the name of the Defendant, respectively, from May 10, 2019.
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. Determination
A. Since aiding and abetting is an act of a accessories that facilitates the commission of a principal offender with the knowledge that the principal offender is committing a crime, the principal offender must have the intention to aid and abetting the principal offender’s commission and that the principal offender’s act constitutes a constituent element.
(See Supreme Court Decisions 86Do198 delivered on December 9, 1986, 2003Do382 delivered on April 8, 2003, etc.). Meanwhile, Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy, which are applicable provisions of this case (hereinafter “Financial Transactions Act”) provide that a person who commits “the concealment of illegal property under subparagraph 3 of Article 2 of the Act on Reporting and Using Specified Financial Transaction Information, money laundering under subparagraph 4 of the same Article, financing of terrorism, evasion of compulsory execution, and other financial transactions under another person’s real name for the purpose of evading law” shall be punished.
Therefore, the defendant is a principal offender for the purpose of evading the law (the defendant in this case).