The defendant is innocent. The summary of this judgment shall be notified publicly.

1. No person who is a summary of the facts charged shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering or financing of terrorism, evasion of compulsory execution, or any other evasion of the law;

On February 14, 2019, the Defendant: (a) received a proposal from a person who misrepresented the team leader of “B” in the name omitted; (b) “B, due to the low credit rating, filled our company’s funds into a new account; and (c) made a transaction performance, the Defendant may grant a loan to the Defendant. When the company’s funds are deposited into a new account, the withdrawal shall be made at the time of deposit into the new account; and (d) borrowed KRW 14 million as interest at the rate of 9.8% per annum per annum to the employees of our company.” (e.g., lending KRW 14 million to the employees of our company.) in response to the proposal, the Defendant was willing to provide the Defendant’s name account

Accordingly, around February 20, 2019, the Defendant informed the namelightist of the Defendant’s name bank account number (D) etc., and, by deceiving E, F, and G, the victim of Bophishing, the Defendant was transferred KRW 9.5 million, around February 21, 2019 from the above E, KRW 6.2 million, and KRW 21.7 million, from the above G, to the account in the name of the said Defendant.

When the Defendant deposited the money from the said account as above, on February 21, 2019, the Defendant withdrawn the money from the check at the Gangnam-gu Enterprise Bank, Gangnam-gu Branch, and alternate Points, and delivered the money to “H”, which sent the money to another bank by changing the money into cash, and then sent it to “H”.

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. Helping and aiding and abetting and aiding and abetting and aiding and abetting the principal offender to commit a crime is an act of accessories that facilitate the principal offender’s implementation, so that the principal offender has the intention to assist and aiding and abetting the principal offender to commit a crime and that the principal offender’s act constitutes the elements of a crime.

Supreme Court Decision 2003Do382 Delivered on April 8, 2003