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The defendant shall be innocent.
Reasons
1. On June 16, 2017, the Defendant: (a) sent an identification card and a statement of passbook transactions to the Defendant’s bank (FAX) at the request of a person without his/her name, via a telephone and at the request of a person without his/her name; and (b) received a proposal from the Defendant’s bank account (B) and received money from the person without his/her name to whom the money deposited to the Defendant’s bank account (B) around the 20th day of the same month, and accepted the proposal.
Accordingly, on June 20, 2017, the name-free person was called the victim C by phone to the victim C, and the Seoul Central District Prosecutor's Office was falsely called the victim's prosecutor's investigator.
In order to confirm whether the account was used for a crime and is related to a crime, the term “transfer to the account to which money was deposited in the account” was false, and it was remitted from the victim to the above account in the name of the defendant around 14:36 on the same day.
Since then, the defendant was contacted from a person in the name of the defendant to ask him to withdraw money deposited as above from the defendant's account, and was found in the 16:00 Sinjin-si 15, Jin-si, 16:00,000 won deposited in the above account, and sent it to a man in the name of the non-indicted who sent it to the non-indicted.
Accordingly, the Defendant provided an account to receive money by deceiving a victim through a telephone financing fraud such as a scam scam, etc., and provided the victims with a direct withdrawal of money, thereby preventing the crime by facilitating the crime.
2. Determination
A. Aiding and abetting under the Criminal Act refers to direct and indirect acts that facilitate the commission of a principal offender with the knowledge that the principal offender is committing a crime, and therefore, the so-called aiding and abetting the principal offender to commit a crime and the principal offender to the effect that the act constitutes an act that satisfies the requirements for the organization of the principal offender.