False Statement Demand for Unemployed Owner of 'Bajisajang'... "Not an Accomplice to Concealing the Criminal"

[Asia Economy Reporter Baek Kyunghwan] The Supreme Court has ruled that even if a so-called 'nominal president,' who does not participate in company management but only lends their name, is asked to falsely claim to be the business operator, they cannot be punished for aiding and abetting a fugitive.

On the 28th, the Supreme Court's 3rd Division announced that it upheld the lower court's ruling of not guilty on the charge of aiding and abetting a fugitive in the appeal trial of Mr. A, who was indicted for aiding and abetting a fugitive and violating the Game Industry Promotion Act.

In April 2014, Mr. A operated an illegal game room in Donghae City, Gangwon Province. When police investigations began, he asked his acquaintance Mr. B to falsely testify that he had directly purchased the game machines and was the business operator. However, during the investigation, the prosecution discovered Mr. B's falsehood and applied charges against Mr. A not only for violating the Game Industry Promotion Act but also for aiding and abetting a fugitive.

The first trial court found Mr. A guilty of aiding and abetting a fugitive and sentenced him to 8 months in prison with a 2-year probation. However, he was acquitted of charges including violation of the Game Industry Promotion Act and embezzlement. Mr. B was fined 3 million won for aiding a fugitive.

The second trial court's judgment differed. Upon reviewing the profit distribution process of the game room operation, it was deemed difficult to consider Mr. B as merely lending his name. The court judged, "It is hard to conclude that Mr. B's claim of being the actual operator was false testimony, and his silence regarding the existence of accomplice Mr. A was merely a refusal to testify." The court recognized the violation of the Game Industry Promotion Act, which was acquitted in the first trial, as guilty and sentenced Mr. A to 10 months in prison with a 2-year probation.

The Supreme Court also judged that the lower court's ruling of not guilty on the charge of aiding and abetting a fugitive did not misinterpret the law. However, it overturned the lower court's guilty verdict on the charge of breach of trust and remanded the case to the Chuncheon District Court Gangneung Branch.