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The defendant shall be innocent.
Reasons
1. On March 15, 2017, at a place where it is impossible to identify the location of the facts charged, the person who was named in the facts charged posted a false statement stating that he/she shall connect NAV to the NAK and sell Samsung Nomt North Korea, and that he/she “I will send Nomt North Korea upon deposit of KRW 280,000,000.”
However, a person who is not aware of the fact has no intention or ability to send Nowon-gu to C.
Nevertheless, as above, the person under whose name is infinite by deceiving C and receiving KRW 2.80,000 from C to the national bank account in the name of D on the same day. From around that time to March 18, 2017, the person under whose name was infinite shall receive total of KRW 4,060,000 from 15 victims, such as the list of crimes in the attached list of crimes.
The Defendant withdrawn the full amount of the damage by using the e-mail card and passbook connected to the account in the above D name on the day when the above damage amount was remitted or in accordance with the direction of the person who was not the name of the next day, and then delivered it to the person who was not the name.
Accordingly, the defendant was able to protect by facilitating the fraud of a person without a name.
2. Determination
A. An act of aiding and abetting under the Criminal Act refers to a direct or indirect act that facilitates the commission of a principal offender with the knowledge that the principal offender is committing a crime. As such, the so-called aiding and abetting the commission of a principal offender and the principal offender’s intent to commit an act that constitutes an act that satisfies the requirements for the formation of a principal offender is required. However, such intent is an in-depth fact. Therefore, in a case where the criminal defendant denies it, it is inevitable to prove indirect facts that have considerable relevance to the principal offender in light of the nature of the object, and there is no other way to reasonably determine the connection of the fact by using the closely-populated observation or analysis capacity based on normal empirical rule.