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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 June 14, 2019, the Defendant: (a) expressed the statement to the effect that “the Defendant shall make a deposit in the account and make a good credit by setting the transaction performance; and (b) to withdraw money deposited in the account”; (c) provided the account under the name of the Defendant to the evasion of the law of the person who has not received the above name; and (d) notified the B bank account number (C) and D bank account number (E) in the name of the Defendant.
Afterwards, the person under whose name the victim was named was transferred KRW 10,000,000 from F to the above B bank account in the name of the defendant through the telephone financial fraud crime on the same day, and transferred KRW 12,00,000 from G to the above D 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 cannot be deemed as an unlawful act that satisfies the requirements for a crime of violation of the Act on Real Name Financial Transactions and Guarantee of Secrecy.
Therefore, it is true.