beta
Text
The defendant is 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 July 2019, the Defendant: (a) consented to the statement that “The Defendant may borrow up to KRW 15,00,000,000,000 from a deceased person’s name in the name of the first police officer; (b) the credit rating is lower; (c) the Defendant shall create a transaction performance of money deposited in the account with no credit rating; (d) may withdraw money in cash and obtain a loan by raising the credit rating on the remittance account with no passbook; and (e) shall obtain a loan by means of remittance; and (e) notified the Defendant of the number of the bank account in the name of the Defendant with the intent of offering the account to the evasion of the law of the deceased person’s name;
After that, on July 5, 2019, the person under whose name the account was omitted was transferred KRW 4,620,000 from F to the above BB bank account in the name of the defendant, and transferred KRW 70,000 from G to the above B bank account in the name of the defendant, and transferred KRW 770,000 from G to the above B bank account in the name of the defendant.
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 determination prosecutor: (a) the act of entering and withdrawing money to obtain a loan by accumulating false transaction records constitutes “other evasion of the law” under Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Confidentiality; and (b) the instant indictment is instituted on the premise that a person who falls under a principal offender was engaged in financial transactions under the real name of the defendant for the purpose of evading such evasion of law.
However, the aiding and abetting crime is established under the premise of another person's crime as aiding and abetting another person's crime. Therefore, the principal offender's crime constitutes a constituent element and illegal act.
In light of the following circumstances, the evidence submitted by the prosecutor alone is that the person who was not the principal offender.